mm 


ee  Page  87. 


The  Primary  Election  Law  beginning 
on  page  87  of  this  pamphlet  was  declared 
unconstitutional  by  the  Supreme  Court 
April  5th,  1906. 

The  new  Primary  Law,  approved  by 
the-  Governor  on  May  23rd,  and  in  force 
July  1st,  1906,  has  been  printed  in  sepa- 
rate form. 


.\fc 


'AT 


VIA 


1 


4-H 
ELECTION  LAWS 


STATE  OF   ILLINOIS 


With  Forms  and  Instructions  for  Carrying  the 
Same  Into  Effect. 


PRINTED  FOR  THEl  USE  OF  ELECTION  OFFICERS 


JAMES  A.  ROSE,  Secretary  of  State 
19  0  6 


JAMBS  A.  RUb* 


SPRINGFIELD: 

.LXNOIS  STATB  JOURSi  PRINTERS. 

1906 


ELECTION  LAWS 


OF  THE 


STATE  OF  ILLINOIS 


With  Forms  and  Instructions  for  Carrying  the 
Same  Into  Effect. 


PRINTED  FOR  THE  USE  OF  ELECTION    OFFICERS 


JAMES  A.  ROSE,  Secretary  of  State 
1906 


SPRINGFIELD: 
Illinois  State  Journal  Co.,  State  Printers, 

1906 


$&.{< 


90 


TABLE  OF  CONTENTS. 


Page. 

ELECTIONS,  TIME  OF  HOLDING 7 

CONSTITUTIONAL  PROVISIONS 78 

STATUTORY  PROVISIONS: 

Article  I,             Public  Officers— When  Elected 15 

Article  1 1,            Election  Precincts  and  Officers 21 

Article  III,          Registration  of  Electors 26 

Article  IV,           Compensation  of  Election  Officers 29 

Article  V,             Nomination  of  Candidates 30 

Article  VI,           Notice  of  Election 35 

Article  VII,         Ballots  and  Instructions 36 

Article  VIII,       Ballot  Boxes,  Booths  and  Poll  Books 40 

Article  IX,           Qualifications  of  Voters 41 

Article  X,             Manner  of  Conducting  Elections 44 

Article  XI,           Canvassing  Returns 52 

Article  XII,         Contesting  Elections    54 

ArticleXIII,       Offenses  and  Penalties 58 

Article  XIV,       Resignations  and  Vacancies 63 

Article  XV,         Congressional  Apportionment , 67 

Article  XVI,       Senatorial  and  Representative  Apportionment 69 

Article  XVII,     Judicial  Apportionment 75 

Article  XVIII,   Publication  of  Propositions  to  be  Voted  for 78 

Article  XIX,       Submission  of  Questions  of  Public  Policy 78 

Article  XX,         Voting  Machines 79 

Article  XXI,       Primary  Elections— The  Primary  Law  of  1905 87 


APPENDIX. 

OPINIONS  CONSTRUING  THE  PRIMARY  ELECTION   LAW  OF  1905 139 

PRIMARY  ELECTIONS  OF  VOLUNTARY  ASSOCIATIONS 155 

PRIMARY  ELECTIONS  IN  COUNTIES  OF  LESS  THAN   125,000 163 

PRIMARY  ELECTIONS  IN  COUNTIES  OF  125,000  OR  OVER 168 

FORMS   PREPARED    IN   CONFORMITY   WITH   THE   PROVISIONS   OF   THE 

STATUTES 193 

INDEX  TO  GENERAL  ELECTION  LAWS 203 

INDEX  TO  PRIMARY  ELECTION  LAWS 207 


257182 


Digitized  by  the  Internet  Archive- 
in  2007  with  funding  from 
Microsoft  Corporation 


http://www.archive.org/details/electionlawsofstOOillirich 


Note — Repealed  and  obsolete  sections  have  been  omitted  in  this  edition, 
and  the  sections  in  force  have  been  renumbered  in  regular  sequence  corre- 
sponding with  the  head  notes.  In  cities,  towns  and  villages  which  have  or 
may  hereafter  adopt  the  act  entitled,  t-An  act  regulating  the  holding  of  elec- 
tions, and  declaring  the  result  thereof  in  cities,  villages  and  incorporated 
towns  in  this  State,"  approved  June  19,  1885,  in  force  July  1,  1885,  that  act 
supersedes  the  general  registry  and  election  laws,  when  in  conflict  with  that 
act;  but  when  not  inconsistent  or  in  conflict  with  the  provisions  of  that  act, 
these  acts  continue  in  force  and  are  applicable  to  such  cities,  towns  and  vil- 
lages the  same  as  if  that  act  had  not  been  adopted — Section  15  of  the  act  of 
1885,  the  title  of  which  is  recited  above. 

The  cities  of  Chicago  and  East  St.  Louis  have  adopted  the  law  of  1885. 


The  attention  of  election  officers  is  called  to  the  following  additions  to  and 
changes  in  the-Election  Laws  made  by  the  41st,  42d,  43d  and  44th  General 
Assemblies: 

Additional  Acts. 

Page. 

Primary  Law  1905 87 

Publication  of  propositions  to  be  voted  for 78 

Submission  of  questions  of  public  policy 78 

Voting  machines— use  authorized 79 

Amendments. 
Article         I,  Section  16 17 


II, 

V, 
VII, 

x, 

XI, 

XII, 

XV, 

XVI, 

XX, 


2,  3,  5 and  9 21,22,23,25 

4a,  5  and  6 31 

5,  6,  and  8 38,39,40 

1,  6,  11a  and  lib 44,45,48,49 

1,  5  and  7 52,53 

3  54 

1,2,  I land  4.'. !." '.', '.'.'.'. '..'.'. '.'.'.'.'.'.'.'. '.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'. '.'.'.'.'.'.'.'.'.'.'.'.'.'. '.'.'.'.'.'.'.'.        67 

1,  2  and  3 69 

34  and  46 79 


ELECTIONS. 


The  principal  elections  of  Illinois  occur  on  the  following  dates : 

Tuesday  After  First  Monday  in  NOVEMBER. 

For  Presidential  Electors,  Governor,  Lieutenant  Governor.  Secretary  of 
State.  Auditor  of  Public  Accounts,  Attorney  General,  State  Senators  in  even 
numbered  districts,  members  of  the  State  Board  of  Equalization,  clerk  of 
Superior  Court  of  Cook  county,  Clerks  of  the  Circuit  Court,  State's  attorneys,, 
county  surveyors  and  county  corrners,  every  fourth  year  counting-  from  1872. 

For  State  Treasurer,  Representatives  in  Congress,  Representatives  in  the 
General  Assembly,  and  three  Trustees  of  the  University  of  Illinois,  every 
second  year  counting-  from  1872. 

For  clerk  of  the  Supreme  Court,  every  sixth  year,  counting  from  1902. 

For  clerks  of  the  Appellate  Courts,  every  sixth  year,  counting  from  1878. 

For  Superintendent  of  Public  Instruction,  State  Senators  in  odd  numbered 
districts,  clerk  of  the  criminal  court  of  County,  county  clerks,  county  judges, 
county  treasurers,  county  superintendents  of  schools,  and  sheriffs,  every 
fourth  year,  counting  from  1874. 

For  judges  of  the  Superior  Court  of  Cook  county,  six  judges  every  sixth 
year,  counting  from  1904;  four  judges  every  sixth  year,  counting  from  1905, 
and  one  judge  every  sixth  year,  counting  from  1907.  [One  judge,  first  Mon- 
day in  June  every  sixth  year,  counting  from  1903.] 

For  county  commissioners  in  counties  not  under  township  organization,  one 
each  year. 

First  Monday  in  .June. 

For  judges  of  the  circuit  court,  every  sixth  year,  counting  from  1873. 

For  judges  of  the  Supreme  Court,  Fifth  district,  every  ninth  year,  counting 
from  1873;  from  the  Fourth  district,  every  ninth  year,  counting  from  1876; 
and  from  the  First,  Second,  Third,  Sixth  and  Seventh  districts,  every  ninth 
year,  counting  from  1879. 

For  one  judge  of  the  Superior  Court  of  Cook  county,  every  sixth  year, 
counting  from  1903. 

Third  Tuesday  in  April. 

For  o  Ulcers  of  cities  organized  under  the  General  Law  (except  such  as  con- 
tain within  their  corporate  limits  one  or  more  townships),  annually. 

For  officers  of  villages  organized  under  the  General  Law  (except  where  the 
territorial  limits  coincide  with  the  territorial  limits  of  a  township),  annually. 

First  Tuesday-  in  April. 

For  all  town  officers,  officers  in  cities,  containing  one  or  more  towns,  and 
officers  in  villages  whose  boundaries  coincide  with  the  boundaries  of  a  town, 
annually. 

PRIMARY  ELECTIONS. 
Last  Saturday  in  February. 

In  counties  of  125,000  or  more.  Immediately  preceding  any  regular  Spring 
or  Summer  election. 

First  Saturday  in  March. 

In  counties  of  less  than  125,000.  In  cities,  villages  and  incorporated  towns, 
in  the  year  in  wdiich  their  officers  are  elected. 

Last  Saturday  in  April. 

In  counties  of  less  than  125,000.  In  1906  and  every  two  years  thereafter  for 
other  than  municipal  offices. 

In  counties  of  125,000  or  more.  Immediately  preceding  any  regular  Sum- 
mer or  Autumn  election. 


CONSTITUTIONAL     PROVISIONS    IN    RELATION    TO 
.     ELECTIONS. 


Article  IV. 


Time  of  Holding.]  Section  2.  An  election  for  members  of  the 
General  Assembly  shall  be  held  on  the  Tuesday  next  after  the  first 
Monday  in  November,  in  the  year  of  our  Lord,  one  thousand  eight 
hundred  and  seventy,  and  every  two  years  thereafter,  in  each  county, 
at  such  places  therein  as  may  be  provided  by  law.  When  vacancies 
occur  in  either  house,  the  Governor,  or  persons  exercising  the  powers 
of  Grovernor,  shall  issue  writs  of  election  to  fill  such  vacancies. 

Apportionment— Senatorial.]  Section  6.  The  General  Assembly 
shall  apportion  the  State  every  ten  years,  beginning  with  the  year 
one  thousand  eight  hundred  and  seventy-one,  by  dividing  the  pop- 
ulation of  the  State,  as  ascertained  by  the  federal  census,  by  the 
number  fifty-one  .and  the  quotient  shall  be  the  ratio  of  representation 
in  the  Senate.  The  State  shall  be  divided  into  fifty-one  senatorial 
districts,  each  of  which  shall  elect  one  Senator,  whose  term  of  office 
shall  be  four  years.  The  Senators  elected  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  seventy-two,  in  districts  bearing  odd 
numbers,  shall  vacate  their  offices  at  the  end  of  two  years,  and  those 
elected  in  districts  bearing  even  numbers  at  the  end  of  four  years ; 
and  vacancies  occurring  by  the  expiration  of  term  shall  be  filled  by 
the  election  of  Senators  for  the  full  term.  Senatorial  districts  shall 
be  formed  of  contiguous  and  compact  territory,  bounded  by  county 
lines,  and  contain  as  near  as  practicable  an  equal  number  of  inhabi- 
tants; but  no  district  shall  contain  less  than  four-fifths  of  the  sena- 
torial ratio.  Counties  containing  not  less  than  the  ratio  and  three- 
fourths  may  be  divided  into  separate  districts,  and  shall  be  entitled 
to  two  Senators,  and  to  one  additional  Senator  for  each  number  of 
inhabitants  equal  to  the  ratio  contained  by  such  counties  in  excess 
of  twice  the  number  of  said  ratio. 

Minority  Representation.]  Sections  7  and  8.  The  House  of 
Representatives  shall  consist  of  three  times  the  number  of  the  mem- 
bers of  the  Senate,  and  the  term  of  office  shall  be  two  years.  Three 
Representatives  shall  be  elected  in  each  senatorial  district  at  the 
general  election  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  seventy-two,  and  every  two  years  thereafter.  In  all  elections  of 
Representatives  aforesaid,  each  qualified  voter  may  cast  as  many 
votes  for  one  candidate  as  there  are  representatives  to  be  elected,  or 
may  distribute  the  same,  or  equal  parts  thereof,  among  the  candi- 
dates, as  he  shall  see  fit;  and  the  candidates  highest  in  votes  shall 
be  declared  elected. 


9 
Article  V. 

STATE   OFFICERS. 

Terms — Residence — Duties.]  Section  1.  The  executive  depart- 
ment shall  consist  of  a  Governor,  Lieutenant  Governor,  Secretary 
of  State,  Auditor  of  Public  Accounts,  Treasurer,  Superintendent  of 
Public  Instruction  and  Attorney  General,  who  shall  each,  with  the 
exception  of  the  Treasurer,  hold  his  office  for  the  term  of  four  years 
from  the  second  Monday  in  January  next  after  his  election,  and  until 
his  successor  is  elected  and  qualified.  They  shall,  except  the  Lieu- 
tenant Governor,  reside  at  the  seat  of  government  during  their  term 
of  office,  and  keep  the  public  records,  books  and  papers  there,  and 
shall  perform  such  duties  as  may  be  prescribed  by  law. 

Election  of.]  Section  3.  An  election  for  Governor,  Lieutenant 
Governor,  Secretary  of  State,  Auditor  of  Public  Accounts  and  Attor- 
ney General  shall  be  held  on  the  Tuesaay  next  after  the  first  Monday 
of  November,  in  the  year  of  our  Lord  1872,  and  every  four  years 
thereafter;  for  Superintendent  of  Public  Instruction,  on  the  Tuesday 
next  after  the  first  Monday  of  November,  in  the  year  1870,  and  every 
four  years  thereafter;  and  for  Treasurer,  on  the  day  last  above  men- 
tioned, and  every  two  years  thereafter,  at  such  places  and  in  such 
manner  as  may  be  prescribed  by  law. 

Returns  of  Election.]  Section  4.  The  returns  of  every  election 
for  the  above  named  officers  shall  be  sealed  up  and  transmitted,  by 
the  returning  officers,  to  the  Secretary  of  State,  directed  to  "The 
Speaker  of  the  House  of  Representatives,"  who  shall,  immediately 
after  the  organization  of  the  House,  and  before  proceeding  to  other 
business,  open  and  publish  the  same  in  the  presence  of  a  majority  of 
each  house  of  the  General  Assembly,  who  shall,  for  that  purpose, 
assemble  in  the  hall  of  the  House  of  Representatives.  The  person 
having  the  highest  number  of  votes  for  either  of  said  offices  shall  be 
declared  duly  elected;  but  if  two  or  more  have  an  equal  and  the 
highest  number  of  votes,  the  General  Assembly  shall,  by  joint  ballot, 
choose  one  of  such  persons  for  said  office.  Contested  elections  for  all 
of  said  offices  shall  be  determined  by  both  houses  of  the  General  As- 
sembly, by  joint  ballot,  in  such  manner  as  may  be  prescribed  by  law. 

Article  VI. 

courts. 

Chief  Justice — Election — Term.]  Section  ti.  At  the  time  of 
voting  on  the  adoption  of  this  Constitution,  one  judge  of  the  Supreme 
Court  shall  be  elected  by  the  electors  thereof  in  each  of  the  said  dis- 
tricts numbered  two,  three,  six  and  seven,  who  shall  hold  his  office 
for  the  term  of  nine  years,  from  the  first  Monday  of  June  in  the  year 
of  our  Lord  1870.  The  term  of  office  of  judges  of  the  Supreme  Court, 
elected  after  the  adoption  of  this  Constitution,  shall  be  nine  years; 
and  on  the  first  Monday  of  June  of  the  year  in  which  the  term  of  any 
of  the  judges  in  office  at  the  adoption  of  this  Constitution,  or  of  the 


10 

judges  then  elected,  shall  expire,  and  every  nine  years  thereafter,  there 
shall  be  an  election  for  the  successor  or  successors  of  such  judges,  in 
the  respective  districts  wherein  the  terms  of  such  judges  shall  expire. 
The  chief  justice  shall  continue  to  act  as  such  until  the  expiration  of 
the  term  for  which  he  was  elected,  after  which  the  judges  shall  choose 
one  of  their  number  chief  justice. 

*Clerk — Election — Term.]  Section  10.  At  the  time  of  the  elec- 
tion for  Representatives  in  the  General  Assembly,  happening  next 
preceding  the  expiration  of  the  terms  of  office  of  the  present  clerks 
of  said  court,  one  clerk  of  said  court  for  each  division  shall  be 
elected,  whose  term  of  office  shall  be  six  years  from  said  election,  but 
who  shall  not  enter  upon  the  duties  of  his  office  until  the  expiration 
of  the  term  of  his  predecessor,  and  every  six  years  thereafter  one 
clerk  of  said  court  for  each  division  shall  be  elected.* 

Times  of  Holding  Court — Election  of  Circuit  Judges.]  Sec- 
tion 14.  The  General  Assembly  shall  provide  for  the  time  of  holding 
court  in  each  county,  which  shall  not  be  changed,  except  by  the  Gen- 
eral Assembly  next  preceding  the  general  election  for  judges  of  said 
court,  but  additional  terms  may  be  provided  for  in  any  county.  The 
election  of  judges  of  the  circuit  courts  shall  be  held  on  the  first 
Monday  in  June,  in  the  year  of  our  Lord  1873,  and  every  six  years 
thereafter. 

JUSTICES   OF    THE    PEACE   AND   CONSTABLES. 

Election.]  Section  21.  Justices  of  the  peace,  police  magistrates 
and  constables  shall  be  elected  in  and  for  such  districts,  as  are,  or 
may  be  provided  by  law,  and  the  jurisdiction  of  such  justices  of  the 
peace  and  police  magistrates  shall  be  uniform. 

state's  attorney. 

Election — Term.]  Section  22.  At  the  election  for  members  of 
the  General  Assembly  in  the  year  of  our  Lord  1872,  and  every  four 
years  thereafter,  there  shall  be  elected  a  State's  attorney  in  and  for 
each  county,  in  lieu  of  the  State's  attorneys  now  provided  by  law, 
whose  term  of  office  shall  be  four  years. 

COURTS   OF   COOK   COUNTY. 

County  Declared  one  Circuit.]  Section  23.  The  county  of 
Cook  shall  be  one  judicial  circuit.  The  circuit  court  of  Cook  county 
shall  consist  of  five  judges  until  their  number  shall  be  increased  as 
herein  provided.  The  present  judge  of  the  recorder's  court  of  the 
city  of  Chicago,  and  the  present  judge  of  the  circuit  court  of  Cook 
county  shall  be  two  of  said  judges  and  shall  remain  in  office  for  the 
terms  for  which  they  were  respectively  elected,  and  until  their  suc- 
cessors shall  be  elected  and  qualified:  The  Superior  Court  of  Chicago 
shall  be  continued,  and  called  the  Superior  Court  of  Cook  county.  The 


*  Under  authority  conferred  by  section  4.  article  VI.  of  Constitution,  the  General  Assem- 
bly in  1897,  provided  for  the  election  of  a  single  clerk.    See  section  3a,  Ch.  37,  K.  S. 


11 

General  assembly  may  increase  the  number  of  said  judges  by  adding 
one  to  either  of  said  courts  for  every  additional  50,000  inhabitants  in 
said  county,  over  and  above  a  population  of  400,000.  The  terms 
of  office  of  the  judges  of  said  courts  hereafter  elected,  shall  be  six 
years. 

Clerks  of  Courts  of  Cook  County.]  Section  27.  The  present 
clerk  of  the  recorder's  court  of  the  city  of  Chicago  shall  be  the  clerk 
of  the  criminal  court  of  Cook  county,  during  the  term  for  which  he 
was  elected.  The  present  clerks  of  the  Superior  Court  of  Chicago, 
and  the  present  clerk  of  the  circuit  court  of  Cook  county,  shall  con- 
tinue in  office  during  the  terms  for  which  they  were  respectively 
elected;  and  thereafter  there  shall  be  but  one  clerk  of  the  Superior 
Court,  to  be  elected  by  the  qualified  electors  of  said  county,  who  shall 
hold  his  office  for  the  term  of  four  years,  and  until  his  successor  is 
elected  and  qualified. 

Article  VIII. 

County  Superintendent.]  Section  5.  There  may  be  a  county 
superintendent  of  schools,  in  each  county,  whose  qualifications, 
powers,  duties,  compensation  and  time  and  manner  of  election  and 
term  of  office  shall  be  prescribed  by  law. 

Article  X. 

No  Township  Organization— County  Commissioners.]  Section  6. 
At  the  first  election  of  county  judges,  under  this  Constitution,  there 
shall  be  elected  in  each  of  the  counties  in  this  State,  not  under  town- 
ship organization,  three  officers,  who  shall  be  styled,  uthe  board  of 
county  commissioners,"'  who  shall  hold  sessions  for  the  transaction 
of  county  business  as  shall  be  provided  by  law.  One  of  said  commis- 
sioners shall  hold  his  office  for  one  year,  one  for  two  years,  and  one 
for  three  years,  to  be  determined  by  lot,  and  every  year  thereafter 
one  such  officer  shall  be  elected  in  each  of  said  counties  for  the  term 
of  three  years. 

Cook  County— Commissioners.]  Section  7.  The  county  affairs 
of  Cook  county  shall  be  managed  by  a  board  of  commissioners  of 
15  persons,  ten  of  whom  shall  be  elected  from  the  city  of  Chicago 
and  five  from  towns  outside  of  said  city,  in  such  manner  as  may  be 
provided  by  law. 

Article  IV. 

ELIGIBILITY. 

Eligibility  to  General  Assembly.]  Section  8.  No  person  shall 
be  a  Senator  who  shall  not  have  attained  the  age  of  twenty-five  years, 
or  a  Representative  who  shall  not  yet  have  attained  the  age  of  twenty- 
one  years.  No  person  shall  be  a  Senator  or  Representative  who 
shall  not  be  a  citizen  of  the  United  States,  and  who  shall  not  have 
been  for  five  years  a  resident  of  this  State,  and  for  two  years  next 


12 

preceding  his  election  a  resident  within  the  territory  forming  the  dis- 
trict from  which  he  is  elected.  No  judge  or  clerk  of  any  court,  Secre- 
tary of  State,  Attorney  General,  State's  attorney,  recorder,  sheriff, 
or  collector  of  public  revenue,  member  of  either  house  of  Congress,  or 
person  holding  any  lucrative  office  under  the  United  States  or  this 
State,  or  any  foreign  government,  shall  have  a  seat  in  the  General 
Assembly :  Provided,  that  appointments  in  the  militia  and  the  offices 
of  notary  public  and  justice  of  the  peace  shall  not  be  considered 
lucrative.  Nor  shall  any  person  holding  any  office  of  honor  or  profit 
under  any  foreign  government,  or  under  the  government  of  the  United 
States  (except  postmasters  whose  annual  compensation  does  not 
exceed  the  sum  of  $300),  hold  any  office  of  honor  or  profit  under 
authority  of  this  State. 

Disqualification  for  all  Offices.]  Section  4.  No  person  who 
has  been,  or  hereafter  shall  be,  convicted  of  bribery,  perjury  or  other 
infamous  crime,  nor  any  person  who  has  been,  or  may  be,  a  collector 
or  holder  of  public  moneys,  who  shall  not  have  accounted  for  and 
paid  over,  according  to  law,  all  such  moneys  due  from  him,  shall  be 
eligible  to  the  General  Assembly,  or  to  any  office  of  profit  or  trust  in 
this  State. 

Article  V. 

Treasurer— Term — Security.]  Section  2.  The  Treasurer  shall 
hold  his  office  for  the  term  of  two  years  and  until  his  successor  is 
elected  and  qualified,  and  shall  be  ineligible  to  said  office  for  two 
years  next  after  the  end  of  the  term  for  which  he  was  elected.  He 
may  be  required  by  the  Governor  to  give  reasonable  additional 
security,  and  in  default  of  so  doing  his  office  shall  be  deemed  vacant. 

Governor  —  Lieutenant  Governor  —  Other  State  Officers.] 
Section  5.  No  person  shalll  be  eligible  to  the  office  of  Governor  or 
Lieutenant  Governor  who  shall  not  have  attained  the  age  of  thirty 
years,  and  been,  for  five  years  next  preceding  his  election,  a  citizen 
of  the  United  States  and  of  this  State.  Neither  the  Governor, 
Lieutenant  Governor,  Auditor  of  Public  Accounts,  Secretary  of  State, 
Superintendent  of  Public  Instruction  nor  Attorney  General  shall  be 
eligible  to  any  other  office  during  the  period  for  which  he  shall  have 
been  elected. 

Article  VI. 

Eligibility  to  Office  of  Judge.]  Section  3.  No  person  shall 
be  eligible  to  the  office  of  judge  of  the  Supreme  Court  unless  he  shall 
be  at  least  thirty  years  of  age  and  a  citizen  of  the  United  States,  nor 
unless  he  shall  have  resided  in  this  State  five  years  next  preceding  his 
election,  and  be  a  resident  of  the  district  in  which  he  shall  be  elected. 

Eligibility  for  Several  Offices.]  Section  17.  No  person  shall 
be  eligible  to  the  office  of  judge  of  the  circuit  or  any  inferior  court, 
or  to  membership  in  the  "  board  of  county  commissioners,"  unless  he 
shall  be  at  least  twenty- five  years  of  age,  and  a  citizen  of  the  United 
States,  nor  unless  he  shall  have  resided  in  this  State  five  years  next 
preceding  this  election,  and  be  a  resident  of  the  circuit,  county,  city, 
cities  or  incorporated  town  in  which  he  shall  be  elected. 


13 

Officers — Term— Residence — Duties — Vacancies.]  Section  32. 
All  officers  provided  for  in  this  article  shall  hold  their  offices  until 
their  successors  shall  be  qualified,  and  they  shall,  respectively,  reside 
in  the  division,  circuit,  county  or  district  for  which  they  may  be 
elected  or  appointed.  The  terms  of  office  of  all  such  officers,  where 
not  otherwise  prescribed  in  this  article,  shall  be  four  years.  All 
officers,  where  not  otherwise  provided  for  in  this  article,  shall  perform 
such  duties  and  receive  such  compensation  as  is  or  may  be  provided 
by  law.  Vacancies  in  such  elective  offices  shall  be  tilled  by  election; 
but  where  the  unexpired  term  does  not  exceed  one  year,  the  vacancies 
shall  be  filled  by  appointment,  as  follows:  Of  judges,  by  the  Gov- 
ernor; of  clerks  of  courts,  by  the  court  to  which  the  office  appertains, 
or  by  the  judge  or  judges  thereof ;  and  of  all  such  other  offices,  by 
the  board  of  supervisors  or  board  of  county  commissioners  in  the 
county  where  the  vacancy  occurs. 

Article  IX. 

Municipal  Officers — Eligibility— Salary.]  Section  11.  No 
person  who  is  in  default,  as  collector  or  custodian  of  money  or 
property  belonging  to  a  municipal  corporation,  shall  be  eligible  to 
any  office  in  or  under  such  corporation.  The  fees,  salary  or  com- 
pensation of  no  municipal  officer  who  is  elected  or  appointed  for  a 
definite  term  of  office  shall  be  increased  or  diminished  during  such 
term. 

Article  X. 

Officers'  Terms.]  Section  8.  In  each  county  there  shall  be 
elected  the  following  county  officers,  at  the  general  election  to  be  held 
on  the  Tuesday  after  the  first  Monday  in  November,  A.  D.,  1882.  A 
county  judge,  county  clerk,  sheriff  and  treasurer,  and  at  the  election 
to  be  held  on  the  Tuesday  after  the  first  Monday  in  November,  A.  D. 
1884,  a  coroner  and  clerk  of  the  circuit  court  (who  may  be  ex  officio 
recorder  of  deeds,  except  in  counties  having  sixty  thousand  and  more 
inhabitants,  in  which  counties  a  recorder  of  deeds  shall  be  elected  at 
the  general  election  in  1884).  Each  of  said  officers  shall  enter  upon 
the  duties  of  his  office,  respectively,  on  the  first  Monday  of  December 
after  his  election,  and  they  shall  hold  their  respective  offices  for  the 
term  of  four  years,  and  until  their  successors  are  elected  and  qualified. 
Provided,  that  no  person  having  once  been  elected  to  the  office  of 
sheriff  or  treasurer  shall  be  eligible  to  re-election  to  said  office  for 
four  years  after  the  expiration  of  the  term  for  which  he  shall  have 
been  elected. 

Article  V. 

VACANCIES. 

Vacancy — Successor— Semi-annual  Report  of  Moneys.]  Section 
20.  If  the  office  of  Auditor  of  Public  Accounts,  Treasurer,  Secretary 
of  State,  Attorney  General  or  Superintendent  of  Public  Instruction 
shall  be  vacated  by  death;  resignation  or  otherwise,  it  shall  be  the 


14 

duty  of  the  Governor  to  fill  the  same  by  appointment,  and  the 
appointee  shall  hold  his  office  until  his  successor  shall  be  elected  and 
qualified  in  such  manner  as  may  be  provided  by  law.  An  account 
shall  be  kept  by  the  officers  of  the  executive  department,  and  of  all 
the  public  institutions  of  the  State,  of  all  moneys  received  or  dis- 
bursed by  them,  severally,  from  all  sources,  and  for  every  service 
performed,  and  a  semi-annual  report  thereof  be  made  to  the  Governor, 
under  oath;  and  any  officer  who  makes  a  false  report  shall  be  guilty 
of  perjury  and  punished  accordingly. 

Article  VII. 

SUFFRAGE. 

Qualification  of  Legal  Voters.]  Section  1.  Every  person 
having  resided  in  this  State  one  year,  in  the  county  ninety  days,  and 
in  the  election  district  thirty  days  next  preceding  any  election  therein, 
who  was  an  elector  in  this  State  on  the  first  day  of  April,  in  the  year 
of  our  Lord  1848,  or  obtained  a  certificate  of  naturalization  before  any 
court  of  record  in  this  State  prior  to  the  first  day  of  January,  in  the 
year  of  our  Lord  1870,  or  who  shall  be  a  male  citizen  of  the  United 
States,  above  the  age  of  21  years,  shall  be  entitled  to  vote  at  such 
election. 

Ballot.]     Section  2.     All  votes  shall  be  by  ballot. 

Voter  Privileged  from  Arrest  and  Military  Duty.]  Section  3. 
Electors  shall,  in  all  cases,  except  treason,  felony,  or  breach  of  the 
peace,  be  privileged  from  arrest  during  their  attendance  at  elections, 
and  in  going  to  and  returning  from  the  same.  And  no  elector  shall 
be  obliged  to  do  military  duty  on  the  days  of  election,  except  in  time 
of  war  or  public  danger. 

Residence — When  Not  Lost.]  Section  4.  No  elector  shall  be 
deemed  to  have  lost  his  residence  in  this  State  by  reason  of  his 
absence  on  business  of  the  United  States,  or  of  this  State,  or  in  the 
military  or  naval  service  of  the  United  States. 

Soldier  Stationed  Here  Not  Resident.]  Section  5.  No  soldier, 
seaman  or  marine  in  the  army  or  navy  of  the  United  States  shall  be 
deemed  a  resident  of  this  State  in  consequence  of  being  stationed 
therein. 

Qualifications  for  Office.]  Section  6.  No  person  shall  be 
elected  or  appointed  to  any  office  in  this  State,  civil  or  military,  who 
is  not  a  citizen  of  the  United  States,  and  who  shall  not  have  resided 
in  this  State  one  year  next  preceding  the  election  or  appointment. 

Disenfranchisement  for  Crime.]  Section  7.  The  General  As- 
sembly shall  pass  laws  excluding  from  the  right  of  suffrage  persons 
convicted  of  infamous  crimes. 


15 


STATUTORY  PROVISIONS. 


public  officees — when  elected. 

1.  Electors  of  President  and  Vice  President  of  United 
States — Election.]  [§  1,  Ch.  46,  R.  S.]  Be  it  enactedby  the  People 
of  the  State  of  Illinois,  represented  in  the  General  Assembly:  That 
there  shall  be  elected,  by  general  ticket,  on  the  Tuesday  next  after 
the  first  Monday  in  November  preceding  the  expiration  of  the  term 
of  office  of  each  President  of  the  United  States,  as  many  electors  of 
President  and  Vice  President  of  the  United  States  as  this  State  may 
be  entitled  to  elect,  which  election  shall  be  conducted  and  returns 
thereof  made  as  hereinafter  provided.  Provided,  that  if  Congress 
should  hereafter  fix  a  different  day  for  such  election,  then  the  election 
for  electors  shall  be  held  on  such  day  as  shall  be  named  by  act  of 
Congress. 

2.  Returns— Canvass— Tie.]  [§  2,  Ch.  46,  R.  S.]  The  county 
clerks  of  the  several  counties  shall,  within  eight  days  next  after 
holding  an  election  for  electors  of  President  and  Vice  President  of 
the  United  States,  as  is  provided  for  in  this  act,  make  three  copies  of 
the  abstract  of  votes  for  electors,  and  transmit  by  mail  one  of  said 
copies  to  the  Governor,  another  to  the  office  of  the  Secretary  of  State, 
and  retain  the  third  in  his  office,  to  be  sent  for  by  the  Governor  in 
case  both  the  others  should  be  mislaid.  Within  twenty  days  after 
the  holding  of  such  election,  and  sooner  if  all  the  returns  are  received 
by  either  the  Governor  or  by  the  Secretary  of  State,  the  Secretary  of 
State,  Auditor  of  Public  Accounts  and  Treasurer,  or  any  two  of  them, 
shall,  in  the  presence  of  the  Governor,  proceed  to  open  and  canvass 
said  election  returns,  and  to  declare  the  persons  having  the  highest 
number  of  votes  elected;  but  should  any  two  or  more  persons  be 
returned  with  an  equal,  and  the  highest  vote,  the  said  Secretary  of 
State  shall  cause  a  notice  of  the  same  to  be  published,  which  notice 
shall  name  some  day  and  place,  not  less  than  five  days  from  the  time 
of  the  publication  of  such  notice,  upon  which  the  said  Secretary, 
Auditor  and  Treasurer  will  decide  by  lot  which  of  said  persons  so 
equal  and  highest  is  elected.  And  upon  the  day  and  at  the  place  so 
appointed  in  said  notice,  the  said  Secretary,  Auditor  and  Treasurer, 
or  any  two  of  them,  shall,  in  the  presence  of  the  Governor,  decide  by 
lot  which  of  the  persons  so  equal  and  highest  shall  be  elected. 

3.  Result  to  Be  Published — Certificate  to  Be  Sent  Person 
Elected.]  [§  3,  Ch.  46,  R.  S.]  The  Governor  shall  cause  the  result 
of  said  election  to  be  published,  and  shall  transmit  by  mail,  to  the 
persons  elected,  certificates  of  their  election. 


16 

4.  Meeting  of  Electors— Mileage.]  [§  4,  Ch.  46,  R.  S.]  The  elec- 
tors, chosen  as  aforesaid,  shall  meet  at  the  seat  of  government  of  this 
State,  at  the  time  appointed  by  the  laws  of  the  United  States,  and 
give  their  votes  in,  in  the  manner  therein  provided,  and  perform  such 
duties  as  are  or  may  be  required  by  law.  Each  elector  shall  receive 
for  every  twenty  miles'  necessary  travel  in  going  to  the  seat  of  gov- 
ernment lo  give  his  vote,  and  returning  to  his  residence,  to  be  com- 
puted by  the  most  usual  route,  the  sum  of  three  dollars,  to  be  paid 
on  the  warrant  of  the  Auditor,  out  of  any  money  in  the  treasury  not 
otherwise  appropriated. 

5.  Vacancy  Filled.]  [§  5,  Ch.  46,  R.  S.]  In  case  any  person  de- 
clared duly  elected  an  elector  of  President  and  Vice  President  of  the 
United  States  shall  fail  to  attend  at  the  State  House,  at  the  seat  of 
government  of  this  State,  at  or  before  the  hour  of  twelve  o'clock,  at 
noon,  of  the  day  on  which  his  vote  is  required  to  be  given,  it  shall  be 
the  duty  of  the  elector  or  electors  of  President  and  Vice  President, 
attending  at  the  time  and  place,  to  appoint  a  person  or  persons  to  fill 
such  vacancy.  Provided,  that  should  the  person  or  persons  chosen 
by  the  people,  as  aforesaid,  arrive  at  the  place  aforesaid  before  the 
votes  for  President  and  Vice  President  are  actually  given,  the  person 
or  persons  appointed  to  fill  such  vacancy  shall  not  act  as  elector  of 
President  and  Vice  President. 

state  officers. 

6.  Governor,  Lieutenant  Governor,  Secretary  of  State,  Aud- 
itor of  Public  Accounts  and  Attorney  General.]  [§  7.  Ch.  46, 
R.  S.]  The  Governor,  Lieutenant  Governor,  Secretary  of  State, 
Auditor  of  Public  Accounts  and  Attorney  General  shall  be  elected 
on  Tuesday  next  after  the  first  Monday  in  November,  of  the  year  of 
our  Lord  1872,  and  every  four  years  thereafter. 

7.  Superintendent  of  Public  Instruction.]  [§  8,  Ch.  46,  R.  S.] 
The  Superintendent  of  Public  Instruction  shall  be  elected  on  Tues- 
day next  after  the  first  Monday  of  November,  in  the  year  of  our  Lord 
1874,  and  every  four  years  thereafter. 

8.  State  Treasurer.]  [§  9,  Ch.  46,  R.  S.]  The  State  Treasurer 
shall  be  elected  on  Tuesday  next  after  the  first  Monday  of  November, 
in  the  year  of  our  Lord  1872,  and  every  two  years  thereafter. 

9.  Trustees  of  the  University  of  Illinois.]  [§§  17  and  IS, 
Ch.  144,  R.  S.]  There  shall  be  elected  on  Tuesday  next  after  the  first 
Monday  of  November,  in  the  year  of  our  Lord  1888,  and  every  two 
years  thereafter,  three  trustees  of  the  University  of  Illinois,  whose 
term  of  office  shall  be  six  years  from  the  second  Tuesday  of  March 
next  succeeding  the  dates  of  their  several  elections,  and  until  their 
successors  shall  have  been  elected  and  qualified. 

10.  Representatives  in  Congress.]  [§  6,  Ch.  46,  R.  S.]  Repre- 
sentatives in  Congress  shall  be  elected  on  Tuesday  next  after  the 
first  Monday  in  November,  in  the  year  of  our  Lord  1872,  and  every 
two  years  thereafter;  but  if  Congress  shall  fix  a  different  day,  then 
such  election  shall  be  held  on  the  day  so  fixed  by  Congress. 


17 

11.  State  Board  of  Equalization,]  [§  26,  Ch.  46.  R.  S.]  There 
shall  be  elected  in  each  Congressional  district,  on  Tuesday  next  after 
the  first  Monday  of  November,  in  the  year  of  our  Lord  1872,  and 
every  four  years  thereafter,  a  member  of  the  State  Board  of  Equal- 
ization. 

12.  State  Senators.]  L§  14>  Ch.  46,  K.  S.]  State  Senators  shall 
be  elected  as  follows,  to- wit:  Those  in  districts  bearing  even  numbers 
shall  be  elected  on  Tuesday  next  after  the  first  Monday  of  November, 
in  the  year  of  our  Lord  1872,  and  every  four  years  thereafter.  Those 
in  districts  bearing  odd  number  shall  be  elected  on  Tuesday  next 
after  the  first  Monday  of  November,  in  the  year  of  our  Lord  1874, 
and  every  four  years  thereafter. 

13.  Members  of  the  House  of  Representatives.]  [§  15,  Ch. 
46,  R.  S.]  Members  of  the  House  of  Representatives  shall  be  elected 
on  Tuesday  next  after  the  first  Monday  in  November,  in  the  year  of 
our  Lord  1872,  and  every  two  years  thereafter. 

JUDGES. 

14.  Judges  of  the  Supreme  Court.]  [§  10,  Ch.  46,  R.  S.]  The 
judges  of  the  Supreme  Court  shall  be  elected  as  follows,  to-wit:  In 
the  First,  Second,  Third,  Sixth  and  Seventh  districts,  on  the  first 
Monday  of  June,  in  the  year  of  our  Lord  1879,  and  every  nine  years 
thereafter.  In  the  Fourth  district,  on  the  first  Monday  in  June,  in 
the  year  of  our  Lord  1876,  and  every  nine  years  thereafter.  In  the 
Fifth  district,  on  the  first  Monday  in  June,  in  the  year  of  our  Lord 
1873,  and  every  nine  years  thereafter. 

15.  Judges  of  the  Circuit  Court.]  [§§  71d,  72  and  74,  Ch.  37, 
R.  S.]  The  judges  of  the  circuit  court,  three  for  each  circuit  out- 
side the  county  of  Cook,  and  fourteen  (14)  in  the  county  of  Cook, 
shall  be  elected  on  the  first  Monday  in  June,  in  the  year  of  our  Lord 
1897,  and  every  six  years  thereafter. 

16.  Judges  of  the  Superior  Court  of  Cook  County.]  [§  13, 
Ch.  46,  §§  71d  and  71e,  Ch.  37,  R.  S,  1898.]  Each  of  the  sitting 
judges  of  the  Superior  Court  of  Cook  county  shall  hold  his  office 
until  the  expiration  of  the  term  for  which  he  was  elected;  and  from 
and  after  the  passage  of  this  act,  the  twelve  (12)  judges  of  the  Su- 
perior Court  of  Cook  county  shall  be  elected  as  follows : 

One  judge  on  the  first  Monday  in  June,  in  the  year  of  our  Lord 
1897,  and  every  six  years  thereafter;  and 

Six  (6)  judges  on  Tuesday  next  after  the  first  Monday  in  Novem- 
ber, in  the  year  of  our  Lord  1898,  and  every  six  (6)  years  thereafter; 
and 

Four  (4)  judges  on  Tuesday  next  after  the  first  Monday  in  No- 
vember, in  the  year  of  our  Lord  1899,  and  every  six  (6)  years  there- 
after; and 

One  judge  on  the  first  Tuesday  after  the  first  Monday  of  Novem- 
ber, in  the  year  of  our  Lord  1901,  and  every  six  (6)  years  thereafter. 

-  2  E  L 


18 

Each  of  the  judges  so  elected  as  above  provided  shall  enter  upon 
the  duties  of  his  office  on  the  first  Monday  of  December  next  after 
his  election,  and  shall  hold  office  for  a  term  of  six  (6)  years,  and  until 
his  successor  is  elected  and  qualified. 

37.  Election  of  County  Judges.]  [§  16,  Ch.  46,  K.  S.]  The 
county  j  udge,  in  each  county,  shall  be  elected  on  Tuesday  next  after 
the  first  Monday  in  November,  1882,  and  every  four  years  thereafter 
and  shall  enter  upon  the  duties  of  his  office  on  the  first  Monday  of 
December  after  his  election,  and  shall  hold  his  office  until  his  succes- 
sor is  elected  and  qualified. 

18.  Judges  of  Courts  of  Probate.]  [§§  216  and  218,  Ch.  37,  R.  S.] 
A  judge  of  the  probate  court,  in  each  county  having  a  population  of 
seventy  thousand  or  more,  shall  be  elected  on  Tuesday  after  the  first 
Monday  of  November,  at  the  same  election  at  which  the  county  judge 
is  elected,  and  every  fourth  year  thereafter,  and  shall  enter  upon  the 
duties  of  his  office  on  the  first  Monday  of  December  after  his  election, 
and  shall  hold  his  office  until  his  successor  is  elected  and  qualified. 

19.  Judges  of  City  Courts.]  [§  244,  Ch.  37,  R.  S.]  Judges  of 
city  courts  shall  be  elected  in  the  same  manner  that  the  city  officers 
of  such  city  are  elected,  but  not  at  the  same  time,  and  shall  hold  their 
office  for  the  term  of  four  years,  and  until  their  successors  are  elected 
and  qualified. 

CLERKS. 

20.  Clerk  of  the  Supreme  Court.]  [§  3a,  Ch.  37,  and  §  11, 
Ch.  46,  R.  S.]  A  clerk  of  the  Supreme  Court  shall  be  elected  on 
Tuesday  next  after  the  first  Monday  of  November,  in  the  year  of  our 
Lord  1902,  and  every  six  years  thereafter. 

21.  Clerk  of  the  Appellate  Court.]  [§  20,  Ch.  37,  R.  S.]  One 
clerk  of  the  appellate  court  shall  be  elected  in  each  appellate  court 
district;  on  the  Tuesday  next  after  the  first  Monday  in  November, 
1878,  and  every  six  years  thereafter.  Said  clerk  shall  be  commissioned 
by  the  Governor. 

22.  Clerk  of  the  Circuit  Court.]  [§  18,  Ch.  46,  R.  S.]  The 
clerks  of  the  circuit  court  shall  be  elected  on  Tuesday  next  after  the 
first  Monday  of  November,  in  the  year  of  our  Lord  1872,  and  every 
four  years  thereafter. 

23.  Clerk  of  the  Superior  Court  of  Cook  County.]  [§  19,  Ch. 
46,  R.  S.]  The  clerk  of  the  superior  court  of  Cook  county  shall  be 
elected  on  Tuesday  next  after  the  first  Monday  of  November,  A.  D. 
1884,  and  every  four  years  thereafter,  and  shall  enter  upon  the  duties 
of  his  office  on  the  first  Monday  of  December  after  his  election. 

24.  Clerk  of  the  Criminal  Court  of  Cook  County.]  [§  20,  Ch. 
46,  R.  S.]  The  clerk  of  the  criminal  court  of  Cook  county  shall  be 
elected  on  Tuesday  next  after  the  first  Monday  of  November,  1886, 
and  every  four  years  thereafter. 

25.  County  Clerks.]  [§  16,  Ch.  46,  R.  S.]  The  county  clerks, 
in  each  county,  shall  be  elected  on  Tuesday  next  after  the  first  Mon~ 


19 

day  of  November,  A.  D.  1882,  and  every  four  years  thereafter,  and 
shall  enter  upon  the  duties  of  their  office  on  the  first  Monday  of 
December  after  their  election. 

26.  Probate  Clerks.]  [§  228,  Ch.  37,  R.  S.]  A  clerk  of  pro- 
bate court,  in  each  county  where  such  court  is  established,  shall  be 
elected  at  the  same  time  as  the  probate  judge  is  elected,  and  every 
four  years  thereafter,  and  shall  hold  office  until  his  successor  is 
elected  and  qualified. 

27.  Clerk  of  City  Court]  [§  246,  Ch.  37,  R.  S.]  There  shall 
be  elected,  in  like  mariner  as  judges  are  elected,  for  each  city  court 
established  by  law,  a  clerk  who  shall  hold  his  office  for  the  term  of 
four  years,  and  until  his  successor  shall  be  elected  and  qualified. 

COUNTY   OFFICERS, 

28.  Sheriffs.]  [§  17,  Ch.  46,  R.  S.]  The  sheriff,  in  each  county, 
shall  be  elected  on  Tuesday  next  after  the  first  Monday  of  November, 
A.  D.  1882,  and  every  four  years  thereafter,  and  shall  enter  upon  the 
duties  of  his  office  on  the  first  Monday  of  December  after  his  election. 

29.  Coroners.]  .  [§  17,  Ch.  46,  R.  S.]  A  coroner,  in  each  county, 
shall  be  elected  on  the  Tuesday  next  after  the  first  Monday  of  No- 
vember, A.  D.  1884,  and  every  four  years  thereafter,  and  shall  enter 
upon  the  duties  of  his  office  on  the  first  Monday  of  December  after 
his  election. 

30.  Clerks  of  Circuit  Courts.]  [§  18,  Ch.  46,  R.  S.]  The  clerks 
of  the  circuit  courts  shall  be  elected  on  Tuesday  next  after  the  first 
Monday  of  November,  in  the  year  of  our  Lord  1872,  and  every  four 
years  thereafter. 

31.  County  Treasurers.]  [§§  21  and  22,  Ch.  46,  R.  S.]  County 
treasurers  shall  be  elected  on  Tuesday  next  after  the  first  Monday  of 
November,  1882,  and  every  four  years  thereafter;  they  shall  enter  upon 
the  duties  of  their  offices  on  the  first  Monday  of  December  after  their 
election.  No  person  having  once  been  elected  county  treasurer  shall 
be  eligible  to  re-election  to  said  office  for  four  years  after  the  expira- 
tion of  the  term  for  which  he  shall  have  been  elected. 

32.  County  Surveyors.]  [§  23,  Ch  46,  R.  S.]  A  county  sur- 
veyor shall  be  elected  in  and  for  each  county  on  Tuesday  next  after 
the  first  Monday  of  November,  in  the  year  1884,  and  every  four  years 
thereafter,  and  shall  enter  upon  his  office  on  the  first  Monday  in  De- 
cember after  his  election. 

33.  County  Superintendents  of  Schools.]  [§  24,  Ch..46,  R.  S.] 
County  superintendents  of  schools  shall  be  elected  on  Tuesday  next 
after  the  first  Monday  of  November,  1882,  and  every  four  years  there- 
after; they  shall  enter  upon  their  offices  on  the  first  Monday  of  De- 
cember after  their  election. 

34.  State's  Attorneys.]  [§  25,  Ch.  46,  R.  S.]  A  State's  attor- 
ney shall  be  elected  in  each  county  on  Tuesday  next  after  the  first 
Monday  of  November,  1884,  and  every  four  years  thereafter,  and 
shall  enter  upon  his  office  on  the  first  Monday  in  December  after  his 
election. 


20 

35.  Recorders  of  Deeds  in  Certain  Counties.]  [§  27,  Ch.  46, 
R.  S.]  In  counties  having  a  population  of  60,000  or  more  there  shall 
be  elected  a  recorder  of  deeds,  on  Tuesday  next  after  the  first  Monday 
of  November,  in  the  year  of  our  Lord  1872,  and  every  four  years 
thereafter. 

36.  County  Commissioners.]  [§  28,  Ch.  46,  R.  S.]  In  counties 
not  under  township  organization  there  shall  be  elected,  on  Tuesday 
next  after  the  first  Monday  of  November  in  each  year,  one  county 
commissioner,  who  shall  hold  his  office  for  the  term  of  three  years. 

37.  County  Commissioners  of  Cook  County.]  [§§  60  and  61,  Ch. 
34,  R.  B.]  On  the  first  Tuesday  after  the  first  Monday  in  November, 
A.  D.  1894,  and  every  two  years  thereafter,  there  shall  be  elected  in 
Cook  county  fifteen  (15)  county  commissioners,  who  shall  hold  their 
offices,  respectively,  for  the  term  of  two  years  and  until  their  suc- 
cessors are  elected  and  qualified.  Ten  of  said  commissioners  shall  be 
elected  from  the  city  of  Chicago,  by  the  legal  voters  of  said  city,  and 
five  of  said  commissioners  shall  be  elected  from  the  towns  outside  of 
said  city,  by  the  legal  voters  of  said  towns.  Every  legal  voter  in  said 
county  may  vote  for  and  designate  (upon  his  ballot  cast  for  county 
commissioners)  one  of  the  candidates  for  commissioner  to  be  presi- 
dent of  the  county  board;  and  the  person  who  shall  receive  the  high- 
est number  of  such  votes  shall  be  declared  elected  president  of  such 
board.  Terms  of  office  of  said  commissioners  shall  begin  on  the  first 
Monday  of  December  after  their  election.  Each  of  the  commission- 
ers shall  have  been  a  resident  of  said  county  for  five  years  next  pre- 
ceding his  election. 

38.  [Justices  and  Constables.]  \§  1,  Ch.  79,  R.  S.]  That  on 
the  first  Tuesday  in  April,  A.  D.  1897,  and  at  each  quadrennial  elec- 
tion for  town  officers  thereafter,  there  shall  be  elected  in  each  town 
in  counties  under  township  organization  (except  as  to  justices  of  the 
peace  in  the  city  of  Chicago,  in  Cook  county),  and  on  Tuesday  next 
after  the  first  Monday  in  November,  A.  D.  1897,  and  on  the  same  day 
quadrennially  thereafter,  there  shall  be  elected  in  each  election  pre- 
cinct in  counties  not  under  township  organization,  two  justices  of  the 
peace  and  two  constables,  and  one  justice  of  the  peace  and  one  con- 
stable for  every  1,000  inhabitants  exceeding  2,000  inhabitants  of  such 
town  or  precinct:  Provided,  no  more  than  five  justices  of  the  peace 
and  five  constables  shall  be  elected  in  any  town  or  precinct,  and  that 
in  towns  containing  any  portion  of  the  city  of  Chicago,  there  shall  be 
elected  one  additional  constable  for  each  additional  10,000  inhabitants 
of  such  towns  exceeding  10,000  inhabitants,  and  no  more.  The  term 
of  office  of  justices  of  the  peace  and  constables  shall  be  for  four  years 
and  until  their  successors  are  elected  and  qualified.  In  counties 
under  township  organization  their  terms  shall  commence  on  the  first 
Monday  in  May,  and  in  counties  not  under  township  organization  on 
the  first  Monday  in  December  after  their  election.  No  justice  of  the 
peace  shall  hold  the  office  of  police  magistrate. 


21 
Article  II. 

ELECTION  PRECINCTS  AND  OFFICERS 

1.  Precincts.]  [§  29,  Ch.  46,  R.  S.]  In  counties  not  under 
township  organization,  the  election  precincts  shall  remain  as  now- 
established  until  changed  by  the  board  of  county  commissioners,  but 
said  county  board  may,  from  time  to  time,  change  the  boundaries  of 
election  precincts  and  establish  new  ones.  In  counties  under  town- 
ship organization,  each  town  shall  constitute  an  election  precinct. 

2.  Change  of  Election  Precincts — Dividing  Precincts  into 
Districts— Polling  Places  at  Soldiers'  Homes.]  §  80,  Ch.  4(>, 
R.  S.)  The  county  board  in  each  county  shall,  at  its  regular  meet- 
ing in  the  month  of  June,  or  an  adjourned  meeting  in  the  month  of 
July,  1903,  divide  its  election  precincts  which  contain  more  than 
four  hundred  and  fifty  (450)  voters,  into  election  districts,  so  that 
each  district  shall  contain,  as  near  as  may  be  practicable,  four  hun- 
dred (400)  voters,  and  not  more  in  any  case  than  four  hundred  and 
fifty  (450).  Said  district  shall  be  composed  of  contiguous  territory, 
and  in  as  compact  form  as  can  be  for  the  convenience  of  the  electors 
voting  therein.  The  several  county  boards  in  establishing  said  dis- 
tricts, shall  describe  them  by  metes  and  bounds,  and  number  them. 
And  so  often  thereafter  as  it  shall  appear  by  the  number  of  votes 
cast  at  the  general  election  held  in  November  of  any  year,  that  any 
election  district  or  undivided  election  precinct  contains  more  than 
four  hundred  and  fifty  (450)  voters,  the  county  board  of  the  county 
in  which  said  district  or  precinct  may  be,  shall,  at  its  regular  meet- 
ing in  the  month  of  June,  or  an  adjourned  meeting  in  the  month  of 
July,  next,  after  such  November  election,  redivide  or  readjust  such 
election  district,  or  election  precinct,  so  that  no  district  or  election 
precinct  shall  contain  more  than  the  number  of  votes  above  specified. 
If,  for  any  reason,  said  county  board  shall  fail  in  any  year  to  redivide 
or  readjust  said  election  districts  or  election  precincts,  then  said  dis- 
tricts or  precincts  as  then  existing,  shall  continue  until  the  next 
regular  June  meeting  of  said  county  board;  at  which  regular  June 
meeting,  or  an  adjourned  meeting  in  the  month  of  July,  said  county 
board  shall  redivide  or  readjust  said  election  districts,  or  election 
precincts  in  manner  as  herein  required.  And  on  or  before  the  first  [1st] 
day  of  September,  1903,  the  county  clerk  in  each  county  shall  make 
a  correct  list  of  all  election  districts  and  election  precincts  into  which 
the  county  is  divided,  designating  each  by  its  name  or  number,  or 
name  and  number  as  the  case  may  be,  and  forward  said  list  to  the 
Secretary  of  State;  and,  thereafter,  when  at  any  meeting  of  the  county 
board  any  redivision,  readjustment  or  change  in  name  or  number  of 
election  districts  or  election  precincts,  is  made  by  the  said  county 
board,  it  shall  be  the  duty  of  the  county  clerk  to  immediately  notify 
the  Secretary  of  State  of  such  redivision,  readjustment  or  change. 
The  county  board  in  every  case  shall  fix  and  establish  the  places  for 
holding  elections  in  its  respective  county,  and  all  general  and  special 
elections,  town  meeting  elections  or  town  elections,  shall  be  held  at 


22 

the  places  so  fixed.  The  said  polling  places  shall  in  all  cases  benpon 
the  ground  floor  in  the  front  room,  the  entrance  to  which  is  in  a 
highway  or  public  street,  which  is  at  least  forty  (40)  feet  wide,  and 
is  as  near  the  center  of  the  voting  population  of  the  district  as  is 
practicable,  and  for  the  convenience  of  the  greatest  number  of  elec- 
tors to  vote  thereat;  and  in  no  case  shall  an  election  be  held  in  any 
room  used  or  occupied  as  a  saloon,  dram  shop,  bowling  alley  or  as  a 
place  of  resort  for  idlers  and  disreputable  persons,  billard  [billiard] 
hall,  or  in  any  room  connected  therewith  by  doors  or  hallways.  No 
person  shall  be  permitted  to  vote  at  any  election,  except  in  the  district 
in  which  he  resides:  Provided,  that  the  county  board  may,  if  it  deem 
it  for  the  best  interest  of  the  voters  of  any  town  or  precinct,  divide 
any  election  precinct  which  contains  more  than  three  hundred  (300) 
legal  voters,  into  two  election  precincts,  said  precincts  to  contain  as 
near  two  hundred  (200)  voters  as  is  possible:  Provided,  further, 
that  it  shall  be  the  duty  of  the  county  board  in  each  county  where 
any  State  soldiers'  and  sailors'  home,  or  homes  or  any  National 
home  for  disabled  volunteer  soldiers  are  located,  the  inhabitants  of 
which  are  entitled  to  vote,  to  fix  and  establish  the  place  or  places 
for  holding  such  election  or  elections,  at  some  convenient  and  com- 
fortable place  or  places  easy  of  access  on  the  ground  or  grounds,  and 
within  the  enclosures  where  such  State  soldiers'  and  sailors'  home 
or  homes,  or  National  home  for  disabled  volunteer  soldiers  are 
located. 

ELECTION    OFFICERS. 

3.  Judges— How  Appointed.]  [§  32,  Ch.  46,  R.  S.]  In  counties 
not  under  township  organization,  the  county  board  of  commission- 
ers shall  at  its  regular  (or  at  a  special)  meeting  in  the  month  of 
June  or  July  in  each  year,  appoint  in  each  election  precinct  or 
district,  as  the  case  may  require  (where  judges  have  not  been 
elected  therein)  three  capable  and  discreet  electors  to  be  judges 
of  election.  No  more  than  two  persons  of  the  same  political  party 
shall  be  appointed  judges  of  the  same  election  district  or  undivided 
precinct.  The  appointment  shall  be  made  in  the  following  manner: 
The  members  of  said  county  board  of  commissioners  who  represent 
the  political  party  having  the  greatest  number  of  votes  on  said  coun- 
ty board  of  commissioners,  being  less  than  the  whole  number,  shall 
select  (and  the  county  board  of  commissioners  shall  appoint  such 
selection  when  made)  two  persons,  who  are  legal  voters,  as  judges  of 
election  in  each  election  precinct  or  district  in  said  county  which  gave 
in  the  preceding  general  election  in  said  election  precinct  or  district 
the  higher  number  of  votes  to  said  political  party  having  the  greatest 
number  of  votes  upon  said  county  board  of  commissioners,  and  shall 
also  select  one  person,  who  is  a  legal  voter,  as  judge  of  election  in  each 
of  the  other  election  precincts  or  districts  in  said  county,  which  at  the 
preceding  general  election  gave  in  said  election  precinct  or  district, 
the  second  higher  number  of  votes  to  said  political  party  having  the 
greatest  number  of  votes  on  said  county  board  of  commissioners. 
The  member  of  the  county  board  of  commissioners  who  represents  the 
political  party  having  the  next  highest  number  of  votes  upon  said 
county  board  of  commissioners  shall  have  the  power  and  authority  to 


23 

select  (and  the  county  board  of  commissioners  shall  appoint  such 
selection  when  made)  two  persons  who  are  legal  voters  as  judges  of 
election  in  each  election  precinct  or  district,  which  at  the  preceding 
general  election  gave  in  said  election  precinct  or  district,  the 
higher  number  of  votes  to  said  political  party  having  the  next  high- 
est number  of  votes  upon  said  county  board  of  commissioners 
and  said  member  of  the  county  board  of  commissioners  represent- 
ing said  political  party  having  the  next  highest  number  of  votes 
upon  said  county  board  of  commissioners  shall  also  select,  and 
the  county  board  of  commissioners  shall  appoint  the  said 
selection,  when  made,  one  person,  who  is  a  legal  voter,  as  judge 
of  election  in  each  of  the  other  election  precincts  or  districts  in  said 
county.  In  case  the  three  members  of  the  county  board  of  commis- 
sioners represent  three  different  political  parties,  then  in  that  case, 
the  member  of  the  county  board  of  commissioners  representing  the 
political  party  casting  the  highest  number  of  votes  at  the  preceding 
general  election  in  any  election  precinct  or  district  shall  select  the  two 
judges  of  election  to  serve  in  such  election  precinct  or  district,  and  the 
member  of  the  county  board  of  commissioners  who  may  represent  the 
political  party  casting  the  next  highest  number  of  votes  at  the  pre- 
ceding general  election  in  any  election  precinct  or  district,  shall  se- 
lect the  one  judge  of  election  to  serve  in  such  election  precinct  or  dis- 
trict: Provided,  that  if  any  county  board  of  commissioners  shall  be 
composed  of  members  who  belong  to  any  one  political  party  entirely, 
then  in  that  case  the  chairman  of  the  county  central  committee  of  the 
political  party  casting  the  highest  or  next  highest  number  of  votes  at 
the  last  preceding  general  election  in  each  election  precinct  or  district 
shall  select  the  two  judges  of  election,  or  the  one  judge  of  election,  as 
the  case  may  be,  and  the  county  board  of  commissioners  shall  appoint 
the  said  judge  or  judges  of  election  so  selected  by  the  chairman  of  the 
above  mentioned  county  central  committee.  Said  election  judges 
shall  hold  their  office  for  one  year  from  their  appointment,  and  until 
their  successors  are  duly  appointed  in  the  manner  heretofore  pro- 
vided. The  said  county  board  of  commissioners  shall  fill  all  vacan- 
cies in  said  office  of  judge  of  election  at  any  time  in  the  manner 
heretofore  provided. 

4.  Qualifications  of  Judges.]  [§  31,  Ch.  46,  R.  S.]  Every 
person  elected  or  chosen  judge  of  election  shall  be  of  fair  character,, 
approved  integrity,  well  informed,  who  can  read,  write  and  speak  the 
English  language,  and  has  resided  in  the  election  precinct  or  dis- 
trict, in  which  he  is  to  serve,  for  one  year  next  preceding  the  election, 
and  is  entitled  to  vote  therein  at  such  election. 

5.  Judges  in  Counties  Under  Township  Organization]  [§  33,. 
Ch.  46,  R.  S.]  In  counties  under  township  organization  the  county 
board  shall,  at  its  regular  (or  at  a  special)  meeting  in  the  month  of 
June  of  each  year,  except  when  such  judges  and  clerks  are  appointed 
by  election  commissioners,  appoint  in  each  election  precinct  or  dis- 
trict in  the  county,  three  capable  and  discreet  electors  to  be  judges  of 
election,  and  who  shall  possess  the  qualifications  required  by  this  act 
for  such  judges.  No  more  than  two  persons  of  the  same  political 
party  shall   be  appointed  judges  in  the  same  election  district  or  undi- 


24 

yided  precinct.  The  town  supervisor  shall  be  appointed  as  one  of  such 
judges  of  election  in  the  district  or  precinct  in  which  he  resides.  The 
appointment  of  the  remaining  judges  of  election  in  the  various  elec- 
tion precincts  and  districts  shall  be  made  in  the  following  manner: 

The  members  of  the  county  board  of  supervisors  belonging  to  the 
political  party  having  the  greatest  number  of  votes  upon  said  county 
board  of  supervisors  shall  select  (and  the  county  board  shall  appoint 
the  selection  so  made)  the  majority  of  the  election  judges  in  each 
election  district  or  precinct  in  each  township  in  which  said  political 
party  cast  the  highest  number  of  votes  at  the  preceding  general  elec- 
tion for  Governor,  and  shall  also  select  (and  the  county  board  shall 
appoint  the  selection  so  made)  the  minority  judge  of  election  in  each 
election  district  or  precinct  in  each  township  in  which  said  political 
party  cast  the  second  highest  number  of  votes  for  Governor  at  the 
preceding  general  election.  The  members  of  the  county  board  of 
supervisors  belonging  to  the  political  party  having  the  second  greatest 
number  of  votes  -upon  said  county  board  of  supervisors  shall  select 
(and  the  county  board  shall  appoint  the  selection  so  made)  the  major- 
ity of  the  election  judges  in  each  election  district  or  precinct  in  each 
township  in  which  said  political  party  cast  the  hignest  number  of 
votes  at  the  preceding  general  election  for  Governor,  and  shall  also 
select  (and  the  county  board  shall  appoint  the  selection  so  made)  the 
minority  election  judge  in  the  election  district  or  precinct  in  each 
township  in  which  saiJ  political  party  cast  the  second  highest 
number  of  votes  at  the  preceding  general  election  for  Governor: 
Provided,  that  if  the  county  board  of  supervisors  shall  be  composed 
of  members  who  belong  to  any  one  political  party  entirely,  then,  in 
that  case,  the  chairman  of  the  county  central  committee  of  the  other 
political  party  casting  the  next  highest  number  of  votes  in  said 
county  at  the  preceding  general  election  is  hereby  empowered  and 
authorized  to  make  the  selection  of  the  minority  judge  of  election, 
who  shall  serve  in  each  of  the  election  districts  or  precincts  in  said 
county,  and  the  members  of  the  county  board  of  supervisors  are  here- 
by directed  to  make  the  appointment  of  said  minority  judges  of  elec- 
tion for  each  election  district  or  precinct  as  selected  by  the  chairman 
of  the  above  mentioned  county  central  committee:  And,  provided, 
further,  that  where  the  county  board  shall  be  equally  divided  and 
two  political  parties  shall  be  represented  by  an  equal  number  of  mem- 
bers, the  selection  and  appointment  of  such  judges  of  election  shall 
be  made  as  in  the  case  where  there  is  a  majority  of  members  on  the 
county  board  belonging  to  one  political  party.  The  members  repre- 
senting the  political  party  casting  the  highest  number  of  votes  in  a 
township  at  the  preceding  election  for  Governor  shall  select  the  ma- 
jority judges  of  election  in  said  township,  and  the  members  repre- 
senting the  political  party  that  cast  the  second  highest  number  of 
votes  at  the  preceding  election  for  Governor  in  said  township  shall 
select  the  minority  judges  of  election  in  said  township,  and  the  coun- 
ty board  shall  appoint  the  selection  so  made:  And,  provided,  further, 
that  where  a  supervisor  shall  be  elected  in  a  township,  said 
supervisor  representing  a  political  party  that  neither  has  the  highest 
nor  second  highest  number  of  votes  for  members  on  the  said  county 


25 

board,  the  said  supervisor  shall  be  authorized  and  empowered  to 
select  a  majority  of  the  judges  of  election  in  the  precincts  or  election 
districts  in  said  township,  such  persons  to  represent  the  same  political 
faith  or  belief  as  said  supervisor,  and  the  county  board  shall  appoint 
the  selection  so  made.  The  members  of  the  county  board  represent- 
ing the  political  party  casting  the  second  highest  number  of  votes  in 
said  township  at  the  preceding  general  election  for  Governor  shall 
select  the  minority  judges  of  election  in  said  township  and  the  county 
board  shall  appoint  the  selection  so  made.  Such  judges  of  elections 
shall  hold  their  office  for  one  year  from  their  appointment  and  until 
their  successors  are  duly  appointed  in  the  manner  hereinbefore  pro- 
vided. The  said  county  board  of  supervisors  shall  fill  all  vacancies 
in  said  office  of  judges  of  elections  at  any  time,  in  the  manner  here- 
inbefore provided. 

6.  Notice  of  Appointment.]  [§  34,  Ch.  46,  R.  S.]  Immediately 
on  the  appointment  of  such  judges,  the  county  clerk  shall  make  out 
and  deliver  to  the  sheriff  of  the  county,  a  notice  thereof,  directed  to 
each  person  so  appointed,  and  the  sheriff  shall,  within  twenty  days 
after  the  receipt  of  such  notices  deliver  the  same  to  the  several 
judges  so  appointed. 

7.  Term  of  Office.]  [§  35,  Ch.  46,  R.  S.]  The  judges  so  ap- 
pointed shall  be  and  continue  judges  of  all  general  and  special  elec- 
tions held  within  their  respective  precincts  or  districts  until  other 
judges  shall  be  appointed  in  like  manner. 

8.  Vacancies  Filled.]  §  36,  Ch.  46,  R.  S.]  If,  at  the  time  for 
the  opening  of  any  election,  any  person  appointed  or  constituted  a 
judge  of  election  shall  not  be  present,  or  will  not  act  or  take  the  oath 
to  act  in  such  capacity,  the  judge  or  judges  present  may  appoint 
some  other  qualified  elector  to  act  in  his  place.  If  there  be  no  judge 
of  election  present,  or  he  refuses  to  act,  such  electors  of  the  precinct 
or  district  as  may  then  be  present  at  the  place  of  election,  may  fill 
the  places  of  such  judges  by  election  from  their  number.  The  judges 
so  appointed  shall  have  the  same  power  and  be  subject  to  the  same 
penalties  as  other  judges  of  election. 

9.  Clerks  of  Election.]  [§  37,  Ch.  46,  R.  S.]  Each  judge  of 
election  shall  choose  a  person  having  the  qualifications  of  a  judge  of 
election,  to  act  as  clerk  of  election,  who  may  continue  to  act  as  such 
during  the  pleasure  of  the  judge  making  such  appointment. 

10.  Oath.]  [§  38,  Ch.  46,  R.  S.]  Previous  to  any  votes  being 
taken,  the  judges  and  clerks  of  the  election  shall  severally  subscribe 
and  take  an  oath  or  affirmation  in  the  following  form,  to-wit: 

"I  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  I  will 
support  the  Constitution  of  the  United  States  and  the  Constitution  of 
the  State  of  Illinois,  and  that  I  will  faithfully  discharge  the  duties 
of  the  office  of  judge  of  election  (or  clerk,  as  the  case  may  be) 
according  to  the  best  of  my  ability,  and  that  I  have  resided  in  this 
election  district  for  one  year  next  preceding  this  election,  and  am 
entitled  to  vote  at  this  election." 

11.  By.  Whom  Administered.]  [§  39,  Ch.  46,  R.  S.]  In  case 
there  shall  be  no  judge  or  justice  of  the  peace  present  at  the  opening 


26 

of  the  election,  or  in  case  such  judge  or  justice  shall  be  appointed  a 
judge  or  clerk  of  election,  it  shall  be  lawful  for  the  judges  of  the 
election  to  administer  the  oath  or  affirmation  to  each  other,  and  to 
the  clerks  of  election,  and  the  person  administering  such  oath  or 
affirmation  shall  cause  an  entry  therof  to  be  made  and  subscribed 
by  him  and  prefixed  to  each  poll  book. 

12.  Constables — County  Board,  or  Judges,  May  Appoint.] 
[§  43,  Ch.  46,  R.  S.]  The  county  board  may  appoint  one  or  more 
constables  to  attend  each  place  of  holding  elections  and  preserve 
order  during  the  election ;  if  no  constable  is  appointed  by  the  county 
board  to  attend  any  place  of  holding  election,  or  if  others  shall  be 
necessary  to  preserve  order,  the  judges  of  election  may  appoint  one 
or  more  constables  for  that  purpose. 

13.  Special  Console.]  [§  44,  Ch.  46,  R.  S.]  The  judges  of 
election  may  appoint  any  suitable  person  to  act  as  a  special  con- 
stable during  the  election. 

14.  Suppression  of  Riot,  Etc. — Arrest.]  [§  45,  Ch.  46,  R.  S.] 
Any  constable  attending  such  election  may  call  to  his  aid  a  sufficient 
number  of  citizens  to  arrest  any  disorderly  person  or  suppress  any 
riot  or  disorder  during  the  election.  Whoever  conducts  himself  in  a 
riotous  or  disorderly  manner  at  any  election,  and  persists  in  such  con- 
duct after  being  warned  to  desist,  may  be  arrested  without  warrant. 

Article  III. 

REGISTRATION   OF   ELECTORS. 

1.  Board  of  Registration — Meeting— Register]  [§  135,  Ch. 
46,  R.  S.]  The  persons  authorized  by  law,  or  appointed  pursuant  to 
any  town  or  city  ordinance,  to  act  as  judges  of  elections  in  any  town, 
city  or  ward,  or  other  election  district  or  precinct  shall  constitute  a 
''board  of  registry"  for  their  respective  towns,  cities,  wards,  districts 
or  precincts,  and  shall  meet  on  Tuesday,  three  weeks  preceding  any 
State  election,  at  9:00  o'clock  a.  m.,  and  proceed  to  make  a  list,  as  here- 
inafter prescribed,  of  all  persons  qualified  and  entitled  to  vote  at  the 
ensuing  election  in  the  election  district  of  which  they  are  judges, 
which  list  when  completed  shall  constitute  and  be  known  as  the 
"register"  of  electors  of  said  election  district.  In  election  districts 
in  towns  which  lie  wholly  within  the  limits  of  an  incorporated  city,  a 
register  of  electors  shall  be  made  for  all  elections,  whether  general, 
special,  local  or  municipal,  in  the  same  manner  as  herein  provided  in 
the  case  of  State  elections. 

2.  Manner  of  Making  Register,  Etc. — First  Meeting.]  [§  136y 
Ch.  46,  R.  S.]  Said  registers  shall  each  contain  a  list  of  the  persons 
so  qualified  and  entitled  to  vote  in  said  election  district,  alphabetically 
arranged  according  to  their  respective  surnames,  so  as  to  show,  in  one 
column,  the  name  in  full  length,  and  in  another  column  in  cities,  the 
residence  by  the  number  of  the  dwelling,  if  there  be  a  number,  and 
the  name  of  the  street  or  other  location  of  the  dwelling  place  of  each 
person.     It  shall  be  the  duty  of  said  board  to  enter  in  said  list  the 


27 

names  of  all  persons  residing  in  their  election  district,  whose  names 
appear  on  the  poll  list  kept  in  said  district  at  the  last  preceding  elec- 
tion— in  cities  the  number  of  the  dwelling  and  the  name  of  the  street 
or  other  location,  if  the  same  shall  be  known  to  or  can  be  ascertained 
by  such  board-  and  for  this  purpose  said  board  is  authorized  to  take 
from  the  office  in  which  they  are  filed  the  poll  lists  made  and  filed  by 
the  judges  of  such  district,  at  the  election  held  next  prior  to  the 
making  of  such  register.  In  making  said  list,  the  board  shall  enter 
thereon  in  addition  to  the  names  on  the  poll  lists,  the  names  of  all 
other  persons  who  are  well  known  to  them  to  be  electors  in  said  dis- 
trict; and  the  names  of  all  persons  on  the  poll  lists  who  have  died  or 
removed  from  the  district  shall  be  omitted  from  the  register.  The 
said  board  shall  complete,  as  far  as  practicable,  the  said  register  on 
the  day  of  its  meeting  aforesaid,  and  shall  make  two  copies  thereof, 
and  certify  the  register  and  each  of  the  copies  to  be  a  true  list  of 
the  voters  in  said  district,  so  far  as  the  same  are  known.  Within  two 
days  thereafter,  the  said  original  list,  together  with  the  list  taken  from 
the  office,  as  aforesaid,  shall  be  filed  by  said  board  in  the  office  of  the 
town  clerk  of  the  town  in  which  said  election  district  may  be,  but  in 
counties  not  adopting  township  organization,  said  lists  shall  be  filed 
with  the  judges  of  election  in  the  proper  district,  or,  if  such  election 
district  is  in  a  city,  then  it  shall  be  filed  in  the  office  of  the  city  clerk 
of  said  city.  And  one  copy  of  said  list  shall  be  kept  by  one  of  said 
judges,  and  carefully  preserved  by  him  for  use  on  the  day  or  days 
hereinafter  mentioned,  for  the  revision  and  correction  of  the  same. 
One  copy  of  said  list  shall,  immediately  after  its  completion,  be  posted 
in  some  conspicuous  place  where  the  last  preceding  election  in  said 
district  was  held,  and  be  accessible  to  any  elector  who  may  desire  to 
examine  the  same  and  make  copies  thereof. 

3.  New  Election  Districts.]  [§  137,  Ch.  46,  R.  S.]  In  case  a 
new  election  district  shall  be  formed  by  the  organization  of  a  new 
town,  or  by  the  division  of  any  town  or  ward,  or  the  incorporation  of 
a  city  or  town,  the  judges  of  election  in  the  new  district  thus  formed 
may  make  their  registry  of  electors  on  the  day  prescribed  by  this  act, 
in  such  a  manner  as  a  majority  of  them  may  direct,  and  for  that  pur- 
pose may  make  a  list,  or  cause  to  be  made  a  certified  copy  of  the  poll 
list  or  lists  of  the  district  in  which  such  new  district  is  situated,  or 
they  may  dispense  with  such  list  or  lists  and  proceed  to  make  a 
register  of  electors  from  the  best  means  at  their  command.  Said  lists 
shall  only  embrace  the  names  of  such  persons  as  are  known  to  them 
to  be  electors  in  said  new  district,  and  shall  be  posted  up  and  copies 
thereof  made,  as  prescribed  in  the  preceding  section,  and  shall  be 
corrected  in  the  same  manner  that  other  lists  are  corrected. 

4.  Revision  Register— Second  Meeting.]  [§  138,  Ch.  46,  R.  S.] 
The  said  board  shall  again  meet  on  Tuesday  of  the  week  preceding 
the  said  elections,  in  their  respective  election  districts,  at  the  place 
designated  for  holding  the  polls  of  the  election,  for  the  purpose  of 
revising,  correcting  and  completing  said  list;  and  for  this  purpose,  in 
cities,  they  shall  meet  at   8:00  o'clock  in  the  morning  and  remain  in 


28 

session  until  9:00  o'clock  p.  m.,  and  in  other  districts  they  shall  meet 
at  9:00  o'clock  in  the  morning  and  remain  in  session  until  4:00 
o'clock  p.  m. 

5.  Proceedings  Open— Corrections,  Etc.]  [§  139,  Ch.  46,  R.  S.] 
The  proceedings  of  said  board  shall  be  open,  and  all  persons  residing 
and  entitled  to  vote  in  said  district  shall  be  entitled  to  be  heard  by- 
said  board  in  relation  to  corrections  or  additions  to  said  register. 
One  of  the  lists  so  kept  by  the  judges,  as  aforesaid,  shall  be  used  by 
them  on  the  day  or  days  of  making  corrections  or  additions,  for  the 
purpose  of  completing  the  registry  for  such  district. 

6.  Revising  Register — Addition  of  New  Names.]  [§140,  Oh.  46, 
R.  S.]  It  shall  be  the  duty  of  said  board,  at  their  meeting  for  revis- 
ing and  correcting  said  lists,  to  erase  therefrom  the  name  of  any 
person  inserted  therein  who  shall  be  proved  by  the  oath  of  two  legal 
voters  of  said  district,  to  the  satisfaction  of  said  board,  to  be  non- 
residents of  said  district,  or  otherwise  not  entitled  to  vote  in  said  dis- 
trict at  the  election  then  next  to  be  held.  Any  elector  residing  in 
said  district,  and  entitled  to  vote  therein,  may  appear  before  said 
board  and  require  his  name  to  be  recorded  on  said  alphabetical  list. 
Any  person  so  requiring  his  name  to  be  so  entered  on  said  list  shall 
make  the  same  statement  as  to  the  street  and  number  thereof,  and 
where  he  resides,  required  by  the  provisions  of  this  act  of  persons 
offering  their  votes  at  elections,  and  shall  be  subject  to  the  same 
penalties  for  refusing  to  give  such  information  or  for  falsely  giving 
the  same,  and  shall  also  be  subject  to  challenge,  either  by  the  judges, 
or  either  of  them,  or  by  any  other  elector  whose  name  appears  on 
said  alphabetical  list;  and  the  same  oaths  may  be  administered  by  the 
judges  as  now  provided  in  case  of  persons  offering  to  vote  at  an  elec- 
tion; and  in  case  no  challenge  is  made  of  any  person  requiring  his 
name  to  be  entered  on  said  alphabetical  list,  or  in  case  of  challenge, 
if  such  person  shall  make  oath  that  would  entitle  him  to  vote  in  case 
of  challenge  at  an  election,  then  the  name  of  any  such  person  shall 
be  added  to  the  alphabetical  poll  list  of  the  last  preceding  year. 

7.  Copies  of  Register— Filing — Delivery  to  Judges — Voting- 
Swearing  in  Vote,  Etc.]  [§  141,  Ch.  46,  R.  S.]  After  said  lists 
shall  have  been  fully  completed,  the  said  board  shall,  within  three 
days  thereafter,  cause  two  copies  of  the  same  to  be  made,  each  of 
which  shall  be  certified  by  them  to  be  a  correct  list  of  the  voters  of 
said  district,  one  of  which  shall  be  filed  in  the  office  of  the  town  clerk 
of  towns,  and  in  the  office  of  the  city  clerks  of  cities,  and  one  of  which 
copies  shall  be  delivered  to  said  judges.  It  shall  be  the  duty  of  the 
said  judges  so  receiving  such  list,  carefully  to  preserve  the  said  list 
for  their  use  on  election  day,  and  to  designate  two  of  their  number, 
at  the  opening  of  the  polls,  to  check  the  name  of  every  voter  voting 
in  such  district  whose  name  is  on  the  register.  No  vote  shall  be  re- 
ceived at  any  State  election  if  the  name  of  the  person  offering  to 
vote  be  not  on  the  said  register  made  on  the  Tuesday  preceding  the 
election,  unless  the  person  offering  to  vote  shall  furnish  to  the  judges 
of  the  election  his  affidavit,  in  writing,  stating  therein  that  he  is  an 
inhabitant  of  said  district  and  entitled  to  vote  therein  at  such  elec- 


tion,  and  prove  by  the  oath  of  a  householder  and  registered  voter  of 
the  district  in  which  he  offers  to  vote  that  he  knows  such  person  to 
be  an  inhabitant  of  the  district,  and,  if  in  any  city,  giving  the  resi- 
dence of  such  person  within  said  district.  The  oath  may  be  admin- 
istered by  one  of  the  judges  of  the  election,  at  the  poll  where  the 
vote  shall  be  offered,  or  by  any  other  person  authorized  to  administer 
oaths,  but  no  person  shall  be  authorized  to  receive  compensation  for 
administering  the  oath.  Said  oath  shall  be  preserved  and  filed  in 
the  office  of  the  to^n  or  city  clerk,  or  in  case  there  be  no  clerk,  then 
said  oath  shall  be  filed  with  and  preserved  by  the  judges  of  the 
proper  district.  Any  person  may  be  challenged,  and  the  same  oaths 
shall  be  put  as  are  now  or  hereafter  may  be  prescribed  by  law. 

8.  Poll  List  and  Register  to  be  Filed.]  [§  143,  Ch.  46,  R.  S.} 
After  the  canvass  of  the  votes,  one  of  said  poll  lists  and  said  registers 
so  kept  and  checked,  as  aforesaid,  shall  be  attached  together  and 
shall  be,  on  the  following  day.  filed  in  the  town  or  city  clerk's  office 
(as  the  case  may  be)  in  which  said  district  may  be,  or  in  case  there 
be  no  such  clerk,  then  such  poll  lists  and  register  shall  be  filed  with 
and  preserved  by  the  judges,  to  be  used  by  the  board  of  registry  in 
making  the  list  of  voters  at  the  next  State  election;  the  other  of  the 
said  poll  lists  and  registers,  so  kept  and  checked,  shall  be  returned 
to  the  office  of  the  county  clerk  of  the  county  in  which  said  district 
may  be,  at  the  same  time  the  returns  of  the  election  are  made. 

9.  Registers  Open  to  Inspection.]  [§  144,  Ch.  46,  R.  S.]  The 
registers  shall  at  all  times  be  open  to  public  inspection,  at  the  office 
of  the  authorities  in  which  they  shall  be  deposited,  without  charge. 

10.  Preserving  Order.]  [§  146,  Ch.  46,  R.  S.]  The  said  board 
shall  have  and  exercise  the  same  power  in  preserving  order  at  their 
meetings,  under  this  act,  as  are  given  to  judges  of  election  for  pre- 
serving order  on  election  days ;  and  vacancies  in  said  board  shall  be 
tilled  in  the  same  manner  that  vacancies  are  now  filled  at  elections. 

11.  Blanks  to  be  Furnished.]  [§  148,  Ch.  46,  R.  S.]  The 
necessary  blanks  for  making  the  registers  required  by  law  shall  be 
prepared  by  the  Secretary  of  State,  and  transmitted  to  the  persons 
entitled  to  receive  them,  in  the  same  manner  that  blank  returns  of 
elections  are  now  transmitted. 

12.  Exceptions.]  This  article  does  not  apply  to  cities,  villages 
and  incorporated  towns  that  have  adopted  an  act  entitled  "An  act 
regulating  the  holding  of  elections  and  declaring  the  result  thereof 
in  cities,  villagps  and  incorporated  towns  in  this  State,"  approved 
June  19,  1885. 

Article  IV. 

COMPENSATION   OF   ELECTION   OFFICERS. 

1.  Judges  and  Clerks.]  [§  63,  Ch.  46,  R.  S.]  All  judges  and 
clerks  of  election  in  counties  of  the  first  and  second  class  shall  be 
allowed  the  sum  of  three  (3)  dollars  per  day  for  their  services,  and 
judges  and  clerks  of  election  in  counties  of  the  third  class  the  sum 
of  five  (5)  dollars  each  per  day  for  their  services. 


30 

2.  Special  Constable.]  [§  44,  Ch.  46,  K.  S.]  Constables  serving 
at  elections,  by  appointment  of  the  county  board  or  of  the  judges  of 
election,  shall  be  paid  out  of  the  county  treasury  not  exceeding  two 
dollars  for  each  day's  service. 

3.  Board  of  Registration.]  [§  145,  Ch.  46,  R.  S.]  Members  of 
the  board  of  registration  shall  each  receive  two  dollars  per  day  for 
each  day  actually  employed,  not  exceeding  two  days,  in  the  making 
and  completion  of  the  registry. 

4.  Mode  of  Payment.]  [§  75,  Ch.  46,  R.  S.]  The  county  clerk, 
on  receipt  of  the  returns  of  any  general  or  special  election,  shall  make 
out  his  certificate,  stating  the  compensation  to  which  members  of  the 
board  of  registration  and  judges  and  clerks  of  election  are  entitled 
for  their  services,  and  lay  the  same  before  the  county  board  at  its 
next  session;  and  said  board  shall  order  the  compensation  aforesaid 
to  be  paid  out  of  the  county  treasury. 

Article  V. 

NOMINATION   OF   CANDIDATES. 

1.  Nomination  of  Candidates.]  [§  290,  Ch.  46,  R.  S.]  Any 
convention  of  delegates  and  any  caucus  or  meeting  of  qualified  voters 
as  hereinafter  defined,  and  individual  voters  to  the  number  and  in 
the  manner  hereinafter  specified,  may  nominate  candidates  for  po- 
litical office,  whose  names  shall  be  placed  upon  the  ballots  to  be 
furnished  as  hereinafter  provided:  Provided,  that  in  any  county, 
city,  village  or  incorporated  town,  respectively,  in  which  an  act  en- 
titled, "An  act  providing  for  primary  elections  of  delegates  to  nomi- 
nating conventions  of  political  parties  or  organizations,  and  to 
promote  the  purity  thereof  by  regulating  the  conduct  thereof,  and  to 
support  the  privileges  of  free  suffrage  thereat  by  prohibiting  certain 
acts  and  practices  in  relation  thereto,  and  providing  for  the  punish- 
ment thereof,"  shall  be  in  force,  no  candidate  nominated  by  any  con- 
vention of  any  political  party  or  organization  of  any  such  county, 
city,  village  or  incorporated  town  or  any  part  thereof,  or  for  the  Con- 
gress of  the  United  States,  shall  have  his  name  printed  on  any  offi- 
cial ballot  printed  and  distributed  at  the  public  expense  in  such 
county,  city,  village  or  incorporated  town,  or  any  part  thereof,  unless 
such  candidate  shall  be  nominated  by  a  convention  composed  of 
delegates  elected  for  that*  purpose  at  the  primary  election  of  such 
political  party  last  preceding  the  holding  of  such  convention,  accord- 
ing to  the  act  entitled,  "An  act  providing  for  primary  elections  of 
delegates  to  nominating  conventions  of  political  parties  or  organiza- 
tions and  to  promote  the  purity  thereof  by  regulating  the  conduct 
thereof,  and  to  support  the  privileges  of  free  suffrage  thereat  by  pro- 
hibiting certain  acts  and  practices  in  relation  thereto,  and  providing 
for  the  punishment  thereof." 

2.  Caucus  Nominations— Certificate  and  Requisites.]  [§  291, 
Ch.  46,  R.  S.]  Any  convention  of  delegates,  caucus  or  meeting  rep- 
resenting a  political  party  which  at  the  general  election  next  preced- 
ing polled  at  least  two  per  cent  of  the  entire  vote  cast  in  the  State,  or 


31 

in  the  electorial  district  or  division  thereof,  or  in  the  municipality 
for  which  the  nomination  is  made,  may  for  the  State,  or  for  the  elec- 
toral district  or  division  thereof,  or  municipality  for  which  the  con- 
vention, caucus  or  meeting  is  held,  as  the  case  may  be,  by  causing  a 
certificate  of  nomination  to  be  duly  filed,  make  one  such  nomination 
for  each  office  therein  to  be  filled  at  the  election.  Every  such  cer- 
tificate of  nomination  shall  state  such  facts  as  are  required  in  section 
4  of  this  article,  and  shall  be  signed  by  the  presiding  officer  and  by 
the  secretary  of  the  convention,  caucus  or  meeting,  who  shall  add  to 
their  signatures  their  places  of  residence.  Such  certificates  shall  be 
sworn  to  by  them  to  be  true  to  the  best  of  their  knowledge  and  belief, 
and  a  certificate  of  the  oath  shall  be  annexed  to  the  certificate  of 
nomination. 

3.  Nomination  Certificates — Signatures.]  [§  292,  Ch.  46,  R. 
S.]  Nomination  of  candidates  for  any  office  to  be  filled  by  the  voters 
of  the  State  at  large  may  also  be  made  by  nomination  papers  signed 
in  the  aggragate  for  each  candidate  by  not  less  than  1,000  qualified 
voters  of  the  State.  Nominations  of  candidates  for  office  within  any 
district  or  political  division  less  than  the  State,  and  in  all  cities  hav- 
ing a  population  in  excess  of  5,000,  may  be  made  by  nomination 
papers  signed  in  the  aggregate  for  each  candidate  by  qualified  voters 
of  such  district  or  political  division,  not  less  than  one  for  each  fifty 
persons  who  voted  at  the  next  preceding  general  election  in  such  dis- 
trict or  division,  but  in  no  case  less  than  twenty-five.  In  elections  to 
be  held  in  a  town,  village,  precinct  or  ward,  and  in  all  cities  with  a 
population  not  exceeding  5,000,  the  signatures  of  voters  thereof  equal- 
ing 5  per  ceiit  of  the  vote  cast  therein  at  the  last  preceding  election 
shall  be  sufficient  for  the  nomination  of  a  candidate  who  is  to  be  voted 
for  only  in  such  town,  village,  precinct,  ward  or  city.  Each  voter 
signing  a  nomination  paper  shall  add  to  his  signature  his  place  of 
residence,  and  each  voter  may  subscribe  to  one  nomination  for  each 
office  to  be  filled,  and  no  more :  Provided,  that  the  name  of  any  can- 
didate whose  name  may  appear  in  any  other  place  upon  the  ballot, 
shall  not  be  added  by  petition  for  the  same  office. 

4.  Nomination  Papers— Requisites.]  [§  293,  Ch.  46,  R.  S.]  All 
certificates  of  nomination  or  nomination  papers  shall,  besides  con- 
taining the  names  of  the  candidates,  specify  as  to  each : 

1.  The  office  to  which  he  is  nominated. 

2.  The  party  or  political  principle  which  he  represents,  expressed 
in  not  more  than  five  words. 

3.  His  place  of  residence  with  the  street  and  number  thereof,  if 
any.  In  the  case  of  electors  for  President  and  Vice  President  of  the 
United  States  the  names  of  the  candidates  for  President  and  Vice 
President  may  be  added  to  the  party  or  political  appellation. 

*4a.  Nominations  by  Petition — Requisites.]  All  petitions  for 
nomination  of  candidates  for  public  office  in  this  State  shall,  in  ad- 
dition to  other  requirements  provided  by  law,  be  as  follows :  Such 
petitions  shall  consist  of  sheets  of  uniform  size  and  each  sheet  shall 
contain,  above  the  space  for  signatures,  an  appropriate  heading,  giv- 

*  Paragraph  4a  is  section  hV2  added  to  the  "Australian  Ballot  Law"  of  1891,  by  the  act  of 
May  18,  1905,  Laws  1905,  p.  208. 


32 

ing  the  information  as  to  name  of  candidate  or  candidates  in  whose 
behalf  such  petition  is  signed;  the  office,  the  party  or  political  prin- 
ciple, place  of  residence  and  such  other  information  or  wording  as  re- 
quired to  make  same  valid,  and  the  heading  of  each  sheet  shall  be  the 
same.  Such  petition  shall  be  signed  by  the  qualified  voters  in  their 
own  proper  persons  only,  and  opposite  the  signature  of  each  signer 
his  residence  address  shall  be  written  (and  if  a  resident  of  a  city  hav- 
ing a  population  of  over  10,000  by  the  then  last  preceding  federal 
census,  the  street  and  number  of  such  residence  shall  be  given).  No 
signature  shall  be  valid  or  be  counted  in  considering  the  validity  or 
sufficiency  of  such  petition  unless  the  requirements  of  this  section 
are  complied  with.  At  the  bottom  of  each  sheet  of  such  petition 
shall  be  added  a  statement,  signed  by  an  adult  resident  of  the  politi- 
cal division  for  which  the  candidate  is  nominated,  stating  his  resi- 
dence address  (and  if  a  resident  of  a  city  having  a  population  of  over 
10,000  by  the  then  last  preceding  federal  census,  also  stating  the 
street  and  number  of  such  residence),  certifying  that  the  signatures 
on  that  sheet  of  said  petition  were  signed  in  his  presence  and  are 
genuine;  and  that  to  the  best  of  his  knowledge  and  belief  the  persons 
so  signing  were  at  the  time  of  signing  said  petition  qualified  voters  (and 
in  cities,  villages  and  incorporated  towns  in  which  voters  are  or  may  be 
required  to  be  registered,  that  they  were  also  at  the  time  of  signing  said 
petition  duly  registered  voters)  of  the  political  division  for  which  the 
candidate  is  nominated,  and  that  their  respective  residences  are  correct- 
ly stated  therein.  Such  statement  shall  be  sworn  tobefore  some  officer 
of  the  county  in  which  the  person  making  such  statement  resides,  auth- 
orized to  administer  oaths  therein.  Such  sheets,  before  being  filed, 
shall  be  neatly  fastened  together  in  book  form,  by  placing  the  sheets 
in  a  pile  and  fastening  them  together  at  one  edge  in  a  secure  and 
suitable  manner,  and  the  sheets  shall  then  be  numbered  consecutively. 
The  sheets  shall  not  be  fastened  by  pasting  them  together  end  to  end, 
so  as  to  form  a  continuous  strip  or  roll.  Said  petition,  when  filed, 
shall  not  be  withdrawn  or  added  to,  and  no  signature  shall  be  revoked 
except  by  revocation  filed  in  writing  with  the  clerk  with  whom  the 
petition  is  required  to  be  filed,  and  before  the  filing  of  such  petition. 
Whoever,  in  making  the  sworn  statement  above  prescribed,  shall 
knowingly,  wilfully  and  corruptly  swear  falsely,  shall  be  deemed 
guilty  of  perjury,  and  on  conviction  thereof  shall  be  punished  accord- 
ingly. Whoever  forges  any  name  of  a  signer  upon  any  petition  shall 
be  deemed  guilty  of  forgery,  and  on  conviction  thereof,  shall  be  pun- 
ished accordingly.  The  word  "petition"  or  "petition  for  nomination," 
as  used  herein,  shall  mean  what  is  sometimes  known  as  nomination 
papers,  in  distinction  to  what  is  known  as  a  certificate  of  nomination. 
The  words  "political  division  for  which  the  candidate  is  nominated," 
or  its  equivalent,  shall  mean  the  largest  political  division  in  which  all 
qualified  voters  may  vote  upon  such  candidate,  as  the  State  in  the 
case  of  State  officers;  the  town  in  the  case  of  town  officers,  et  cetera: 
Provided,  further,  that  any  person  who  has  already  voted  at  a  prim- 
ary election  held  to  nominate  a  candidate  or  candidates  for  any  office 
or  offices,  to  be  voted  upon  at  any  certain  election,  shall  not  be  quali- 


33 

lied  to  sign  a  petition  of  nomination  for  a  candidate  or  candidates  for 
the  same  office  or  offices,  to  be  voted  upon  at  the  same  certain  election. 

5.  Certificates  to  be  Filed]  [§  294,  Ch.  46,  R.  S.]  Certifi- 
cates of  nomination  and  nomination  papers  for  the  nomination  of 
candidates  for  offices  to  be  filled  by  the  electors  of  the  entire  StateT 
or  any  division  or  district  greater  than  a  county,  shall  be  filed  with 
the  Secretary  of  State  at  least  thirty  days  previous  to  the  day  of  elec- 
tion for  which  the  candidates  are  nominated.  All  other  certificates 
for  the  nomination  of  candidates  shall  be  filed  with  the  c  _>unty  clerk 
of  the  respective  counties  at  least  thirty  days  previous  to  the  day  of 
such  election:  Provided,  that  certificates  of  nomination  and  nomi- 
nation papers  for  the  nomination  of  candidates  for  the  offices  in  cities, 
villages  and  incorporated  towns,  and  for  town  offices  in  counties  under 
township  organization  shall  be  filed  with  the  clerks  of  the  towns,, 
cities,  villages  and  incorporated  towns  at  least  fifteen  days  previous 
to  the  day  of  such  election:  Provided,  that  in  cities  having  a  popu- 
lation of  500,000  or  more  that  certificates  of  nomination  and  nomina- 
tion papers  for  the  nomination  of  candidates  for  the  offices  in  such 
cities  shall  be  filed  with  the  city  clerk  of  such  cities  at  least  thirty 
days  previous  to  the  day  of  such  election. 

6.  Withdrawal  of  Nominations.]  [§  295,  Ch.  46,  R.  S.]  Any 
person  whose  name  has  been  presented  as  a  candidate  or  who  has 
been  nominated  by  more  than  pne  convention,  caucus  or  meeting  of 
qualified  voters,  may  cause  his  name  to  be  withdrawn  from  any  such 
nomination  by  his  request  in  writing,  signed  by  him  and  duly  ac- 
knowledged before  an  officer  qualified  to  take  acknowledgment  of 
deeds,  and  file  with  the  Secretary  of  State  not  less  than  twenty- five 
(25)  days,  or  with  the  proper  clerk  not  less  than  thirteen  (18)  days 
previous  to  the  day  of  election,  and  no  name  so  withdrawn  shall  be 
printed  upon  the  ballots  under  the  party  appellation  or  title  from 
which  the  candidate  has  withdrawn  his  name.  In  case  the  certificate 
of  nomination  or  petition  as  provided  for  in  this  act  shall  contain  or 
exhibit  the  name  of  any  candidate  for  any  office  upon  more  than  one 
of  said  certificates  or  petitions  (for  the  same  office,)  then,  and  in 
that  case  the  Secretary  of  State  or  county  clerk,  as  the  case  may  be, 
shall  immediately  notify  said  candidate  of  said  fact,  and  that  his 
name  appears  unlawfully  upon  more  than  one  of  said  certificates  or 
petitions,  and  that  within  three  (8)  days  from  the  receipt  of  said  no- 
tification, said  candidate  must  elect  as  to  which  of  said  political  party 
appellations  or  groups  he  desires  his  name  to  appear  and  remain  un- 
der upon  said  ballot,  and  if  said  candidate  refuses,  fails  or  neglects 
to  comply  with  the  provisions  herein,  then,  and  in  that  case,  the  Sec- 
retary of  State  or  county  clerk,  as  the  case  may  be,  shall  not  permit 
the  name  of  said  candidate  to  appear,  or  be  printed  or  placed  upon 
said  ballot  under  any  or  either  of  said  political  party  appellations  or 
groups.  All  certificates  of  nomination  and  nomination  papers,  when 
filed,  shall  be  open  and,  under  proper  regulation,  to  public  inspection, 
and  the  Secretary  of  State  and  the  several  clerks  having  charge  of 
nomination  papers  shall  preserve  the  same  in  their  respective  offices 
not  less  than  six  months. 

—3  E  L 


34 

7.  Death  ok  Declination  of  Candidate — Vacancy.]  [§  296,  Ch. 
46,  R.  S.]  In  case  a  candidate  who  has  been  duly  nominated  under 
the  provisions  of  this  article  die  before  election  day,  or  decline  the 
nomination,  as  in  this  article  provided,  or  should  any  certificate  of 
nomination  be  held  insufficient  or  inoperative  by  the  officer  with 
whom  they  may  be  filed,  the  vacancy  or  vacancies  thus  occasioned 
may  be  filled  by  the  political  party,  or  other  persons  making  the 
original  nominations,  or,  if  the  time  is  insufficient  therefor,  then  the 
vacancy  may  be  filled,  if  the  nomination  was  by  convention  or  cau- 
cus in  such  manner  as  the  convention  or  caucus  had  previously  pro- 
vided, or,  in  case  of  no  such  previous  provision,  then  by  regularly 
elected  general  or  executive  committee  representing  the  political 
party  or  persons  holding  such  convention,  meeting  or  caucus.  The 
certificate  of  nomination  made  to  supply  such  vacancy  shall  state,  in 
addition  to  the  other  facts  required  by  section  four  of  this  article,  the 
name  of  the  original  nominee,  the  date  of  his  death  or  declination  of 
nomination,  or  the  fact  that  the  former  nomination  has  been  held  in- 
sufficient or  inoperative,  and  the  measures  taken  in  accordance  with 
the  above  requirements  for  filling  a  vacancy,  and  it  shall  be  signed 
and  sworn  to  by  the  presiding  officer  and  secretary  of  the  convention, 
or  caucus,  or  by  the  chairman  and  secretary  of  the  duly  authorized 
committee,  as  the  case  may  be. 

8.  Ceetificates  of  Nomination — Objections.]  [§297,  Ch.  46, 
R.  S.]  The  certificates  of  nomination  and  nomination  papers  being 
so  filed  and  being  in  apparent  conformity  with  the  provisions  of 
this  article  shall  be  deemed  to  be  valid,  unless  objection  thereto  is 
duly  made  in  writing.  Such  objections  or  other  questions  arising 
in  relation  thereto,  in  the  case  of  nomination  of  State  officers,  shall 
be  considered  by  the  Secretary  of  the  State  and  the  Auditor  and 
Attorney  General,  and  a  decision  of  a  majority  of  these  officers 
shall  be  final.  Such  objections  or  questions  arising  in  the  case  of 
nominations  for  officers  to  be  elected  by  the  voters  of  a  division  less 
than  the  State  and  greater  than  the  county,  shall  be  considered  by  the 
county  judges  of  the  counties  embraced  in  such  division,  and  the  de- 
cision of  a  majority  of  these  officers  shall  be  final.  Such  objections 
or  questions  arising  in  the  case  of  nomination  of  candidates  for 
county  officers  shall  be  considered  by  the  county  judge,  county  clerk, 
and  State's  attorney  for  each  county,  and  the  decision  of  a  majority 
of  said  officers  shall  be  final.  Objections  or  questions  arising  in  the 
case  of  nominations  of  city,  town  or  village  officers  shall  be  con- 
sidered by  the  mayor  or  president  of  the  board  of  trustees,  and  the 
city,  town  or  village  clerk,  with  whom  one  alderman  or  trustee  there- 
of, as  the  case  may  be,  chosen  by  lot,  shall  act,  and  the  decision  of  a 
majority  of  such  officers  shall  be  final.  Such  objections  arising  in 
the  case  of  nominations  of  town  officers  shall  be  considered  by  the 
board  of  auditors  of  such  town,  and  the  decision  of  a  majority  of 
such  auditors  shall  be  final.  In  any  case,  where  such  objection  is 
made,  notice  shall  forthwith  be  given  to  the  candidates  affected  there- 
by, addressed  to  their  places  of  residence  as  given  in  the  nomination 
papers,  and  stating  the  time  and  place,  when  and  where  such  objec- 


85 

tions  will  be  considered:  Provided,  that  in  cities,  towns  or  villages 
having  a  board  of  election  commissioners,  such  questions  shall  be 
considered  by  such  board,  and  its  decision  shall  be  final. 

9.  Nominations  to  Fill  Vacancies.]  [§  298.  Ch.  46,  E.  S.] 
When  such  certificate  is  filed  with  the  Secretary  of  State,  he  shall, 
in  certifying  nominations  to  the  various  county  clerks,  insert  the 
name  of  the  person  who  has  been  thus  nominated  to  fill  vacancy  in 
place  of  the  original  nominee,  and  in  the  event  that  he  has  already 
sent  forward  his  certificate,  he  shall  forthwith  certify  to  the  clerks  of 
the  proper  counties  the  name  and  description  of  the  person  so  nomi- 
nated to  fill  a  vacancy,  the  office  he  is  nominated  for,  with  the  other 
details  mentioned  in  certificates  of  nomination  filed  with  the  Secre- 
tary of  State,  and  in  cases  where  such  clerk  is  not  charged  by  this 
act  with  the  printing  of  ballots,  he  shall  immediately  certify  the 
name  so  supplied  to  the  authorities  charged  with  the  printing  of  the 
ballots.  The  names  so  supplied  for  the  vacancy  shall,  if  the  ballots 
are  not  already  printed,  be  placed  on  the  ballots  in  place  of  the  name 
of  the  original  nominee,  or  if  the  ballots  have  been  printed,  new  bal- 
lots, whenever  practicable,  shall  be  furnished. 

10.  Pasters— Stamping  on  Ballots]  [§  299,  Ch.  46,  R.  S.] 
Whenever  it  may  not  be  practicable  to  have  new  ballots  printed,  it 
shall  be  the  duty  of  the  election  officer  having  charge  of  the  ballots, 
to  place  the  name  supplied  for  the  vacancy  upon  each  ballot  issued 
before  delivering  it  to  the  voter;  the  name  so  supplied  may  be  placed 
upon  the  ballots  either  by  affixing  a  paster  or  by  writing  or  stamping 
the  name  on  the  ballot;  and  to  enable  this  to  be  done  the  officer  with 
whom  the  certificates  of  nomination  are  to  be  filed  shall  immediately 
furnish  the  name  of  such  substituted  nominee  to  all  judges  of  elec- 
tion within  the  territory  in  which  such  nominee  may  be  a  candidate. 

11.  Notice  to  County  Clerk.]  [§  300,  Ch.  46,  R.  S.]  Not  less 
than  fifteen  days  before  an  election  to  fill  any  public  office,  the  Sec- 
retary of  State  shall  certify  to  the  county  clerk  of  each  county  within 
which  any  of  the  electors  may  by  law  vote  for  candidates  for  such 
office,  the  name  and  description  of  each  person  nominated  for  such 
office,  as  specified  in  the  certificates  of  nomination  filed  with  the  Sec- 
retary of  State. 

Article  VI. 

NOTICE   OF    ELECTION. 

1.  Manner  of  Giving  Notice.]  [§§  46  and  321,  Ch.  46,  R.  S.]  At 
least  thirty  days  previous  to  any  general  election,  and  at  least  twenty 
days  previous  to  any  special  election,  except  in  cases  otherwise  pro- 
vided for,  the  county  clerk,  in  counties  not  under  township  organiza- 
tion, shall  make  out  and  deliver  to  the  sheriff  of  his  county,  or  in 
counties  under  township  organization,  to  the  several  supervisors  of 
his  county,  three  notices  thereof  for  each  precinct  or  district  in  which 
the  election  in  such  county  is  to  be  held.  The  notice  may  be  sub- 
stantially as  follows : 

Notice  is  hereby  given  that  on  (give  the  date),  at  (give  the  place 
of  holding  the  election  and  the  name  of  the  precinct  or  district),  in 


36 

the  county  of  (name  of  county),  an  election  will  be  held  for  (give  the 
title  of  the  several  offices  to  be  filled),  which  election  will  be  opened 
at  7 :00  o'clock  in  the  morning  and  continued  open  until  5 :00  o'clock  in 
the  afternoon  of  that  day. 

Dated  at ,  this   day  of ,  in  the  year 

of  our  Lord  one  thousand  eight  hundred  and 

A.  B.,  County  Clerk. 

2.  Sheriff  or  Supervisor  to  Post.]  [§  47,  Ch.  46,  K.  S.]  The 
said  sheriff  or  supervisor,  to  whom  the  notices  are  delivered,  shall 
post  up,  in  three  of  the  most  public  places  in  each  precinct  or  dis- 
trict, the  three  notices  therefor,  at  least  fifteen  days  before  the  time 
of  holding  a  general  election,  and  at  least  eight  days  before  the  time 
of  holding  a  special  election. 

Article  VII. 

BALLOTS   AND    INSTRUCTIONS. 

1.  Ballots  Printed  at  Public  Expense.]  [§  288,  Ch.  46,  R.  S.  j 
In  all  elections  hereafter  to*  be  held  in  this  State  for  public  officers, 
except  for  trustees  of  schools,  school  directors,  members  of  boards  of 
education,  officers  of  road  districts  in  counties  not  under  township 
organization,  the  voting  shall  be  by  ballots  printed  and  distributed 
at  public  expense,  as  hereinafter  provided,  and  no  other  ballots  shall 
be  used. 

2.  Expense  Borne  by  Cities,  Etc.]  [§  289,  Ch.  46,  R.  S.]  The 
printing  and  delivery  of  the  ballots  and  cards  of  instructions  to  voters, 
hereinafter  described,  shall,  in  municipal  elections  in  cities,  villages 
and  incorporated  towns,  be  paid  by  the  several  cities,  villages  and 
incorporated  towns  respectively,  and  in  town  elections  by  the  town, 
and  in  all  other  elections  the  printing  of  the  ballots  and  cards  of  in- 
structions for  the  voters  in  each  county  and  the  delivery  of  them  to 
the  several  voting  precincts  and  election  districts  shall  be  paid  for 
by  the  several  counties  respectively.  The  term  "general  election,"  as 
used  in  this  act,  shall  apply  to  any  election  held  for  the  choice  of  a 
national,  State,  judicial,  district  or  county  officer,  whether  for  the 
full  term  or  for  the  filling  of  a  vacancy.  The  term  "city  election" 
shall  apply  to  any  municipal  election  held  in  a  city,  village  or  incor- 
porated town. 

3.  Ballot — What  to  Contain — How  Printed— Form.]  [§  301y 
Ch.  46,  R.  S.]  The  names  of  all  candidates  to  be  voted  for  in  each  elec- 
tion district  or  precinct  shall  be  printed  on  one  ballot,  all  nominations 
of  any  political  party  or  group  of  petitioners  being  placed  under  the 
party  appellation  or  title  of  such  party  or  group  as  designated  by 
them  in  their  certificates  of  nomination  or  petitions,  or  if  none  be 
designated,  then  under  some  suitable  title,  and  the  ballot  shall  con- 
tain no  other  names,  except  that  in  case  of  electors  for  President  and 
Vice  President  of  the  United  States  the  names  of  the  candidates  for 
President  and  Vice  President  may  be  added  to  the  party  or  political 
designation.     If  a  constitutional  amendment  or  other  public  measure 


37 

is  submitted  to  a  vote,  such  question  shall  be  printed  upon  the  ballot 
after  the  list  of  candidates,  and  words  calculated  to  aid  the  voter  in 
his  choice  of  candidates,  or  to  answer  any  question  submitted  to  vote, 
may  be  added,  such  as:  "Vote  for  one,"  "vote  for  three,"  "yes,"  "ro," 
or  the  like.  On  the  back  or  outside  of  the  ballot  so  as  to  appear  when 
folded,  shall  be  printed  the  words  "Official  ballot,"  followed  by  the 
designation  of  the  polling  place  for  which  the  ballot  is  prepared,  the 
date  of  the  election  and  a  fac-simile  of  the  signature  of  the  clerk  or 
other  officer  who  has  caused  the  ballots  to  be  printed.  The  ballots 
shall  be  of  plain  white  paper,  through  which  the  printing  or  writing 
cannot  be  read.  The  party  appellation  or  title  shall  be  printed  in 
capital  letters  not  less  than  one-fourth  of  an  inch  in  height,  and  a 
circle  one-half  inch  in  diameter  shall  be  printed  at  the  beginning  of 
the  line  in  which  such  appellation  or  title  is  printed.  The  names  of 
candidates  shall  be  printed  in  capital  letters  not  less  than  one- eighth 
nor  more  than  one-fourth  of  an  inch  in  height,  and  at  the  beginning 
of  each  line  in  which  the  name  of  a  candidate  is  printed  a  square 
shall  be  printed,  the  sides  of  which  shall  not  be  'ess  than  one-fourth 
of  an  inch  in  length.  The  list  of  candidates  of  the  several  parties 
and  groups  of  petitioners  shall  be  placed  in  separate  columns  on  the 
ballot  in  such  order  as  the  authorities  charged  with  the  printing  of 
"the  ballots  shall  decide. 

As  nearly  as  practicable  the  ballot  shall  be  in  the  following  form : 


o 

□ 

For 

□ 

□ 


DEMOCRATIC. 

For  Governor, 
JOHN  M.  PALMER. 
For  Lieutenant  Governor, 
ANDREW  J.  BELL. 


For  Secretary  of  State, 
NEWELL  D.  RICKS. 


O 

□ 

For 

□ 

F 


REPUBLICAN. 


For  Governor, 
JOSEPH  W.  FIFER. 
For  Lieutenant  Governor, 
LYMAN  B.  RAY. 


For  Secretary  of  State, 
PEARSON, 


O 

□ 

For 

□ 

Fc 

□ 


PROHIBITION. 


For  Governor, 
DAVID  H.  HARTS. 
For  Lieutenant  Governor, 
JOS.  L.  WHITLOCK 
For  Secretary  of  State, 
JAMES  R.  HANNA. 


[And  continuing  in  like  manner  as  to  all  candidates  to  be  voted  for 
at  such  election.] 

4.  Printing  of  Ballots — By  What  Officers.]  [§  302,  Ch.  46, 
R.  S.]  For  all  elections  to  which  this  act  applies,  the  county  clerks, 
in  their  respective  counties,  shall  have  charge  of  the  printing  of  the 
ballots  for  all  general  elections,  and  shall  furnish  them  to  the  judges 
of  election;  the  city,  town  or  village  clerk  shall  have  charge  thereof 
and  furnish  them  in  all  city  elections;  and  the  town  clerk  in  coun- 
ties under  township  organization  shall  have  charge  thereof  and 
furnish  the  same  in  all  town  elections  to  which  this  act  applies: 
Provided,  that  in  cities,  towns  or  villages  having  a  board  of  election 
•commissioners,  such  board  shall  have  charge  of  the  printing  of  the 
ballots  and  furnish  them  to  the  judges  of  election  within  the  terri- 


38 

tory  under  their  jurisdiction.  Ballots  shall,  be  printed  and  in  pos- 
session of  the  officer  charged  with  their  distribution  at  least  two  days 
before  the  election,  and  subject  to  the  inspection  of  candidates  and 
their  agents ;  if  any  mistakes  be  discovered,  they  shall  be  corrected 
without  delay.  The  officer  so  charged  with  the  printing  of  the 
ballots  shall  cause  to  be  delivered  to  the  judges  of  election  at  the 
polling  place  of  each  precinct  or  district,  not  less  than  twelve  hours 
before  the  time  fixed  by  law  for  the  opening  of  the  polls  therein,  one 
hundred  ballots  of  the  kind  to  be  voted  in  such  precinct  or  district 
for  every  fifty  votes  cast  therein  at  the  last  -preceding  election  for 
State  officers;  such  ballots  shall  be  put  up  in  separate  sealed  pack- 
ages, with  marks  on  the  outside  clearly  designating  the  polling  place 
for  which  they  are  intended  and  the  number  of  the  ballots  enclosed, 
and  receipt  therefor  shall  be  given  by  the  judges  of  election  to  whom 
they  are  delivered,  which  receipt  shall  be  preserved  by  the  officer 
charged  with  the  printing  of  the  ballots.  The  officer  or  authorities 
charged  with  the  printing  and  distribution  of  the  ballots  shall  pro- 
vide and  retain  at  his  or  their  office  an  ample  supply  of  ballots  in  ad- 
dition to  those  distributed  to  the  several  voting  precincts  or  districts, 
and  if,  at  any  time,  on  or  before  the  day  of  election,  the  ballots  fur- 
nished to  any  precinct  or  district  shall  be  lost,  destroyed  or  exhausted 
before  the  polls  are  closed,  on  written  application  signed  by  a  ma- 
jority of  the  judges  of  such  precinct  or  district,  or  signed  and  sworn 
to  by  one  of  such  judges,  he  shall  immediately  cause  to  be  delivered 
to  such  judges,  at  the  polling  place,  such  additional  supply  of  ballots 
as  may  be  required  and  sufficient  to  comply  with  the  provisions  of 
this  act. 

5.  Vote  on  Constitutional  Amendments — Separate  Ballot — 
Form.*]  [§  BOB,  Ch.  46,  R.  S.]  Whenever  a  constitutional  amend- 
ment or  other  public  measure  is  proposed  to  be  voted  upon  by  the 
people,  the  substance  of  such  amendment  or  other  public  measure 
shall  be  clearly  indicated  on  a  separate  ballot,  and  two  spaces  shall 
be  left  upon  the  right  hand  margin  thereof,  one  for  the  votes  favoring 
the  amendment  or  public  measure,  to  be  designated  by  the  word  "Yes," 
and  one  for  votes  opposing  the  amendment  or  measure,  to  be  desig- 
nated by  the  word  "No,"  as  in  the  form  herein  given: 


Proposed  amendment  to  the  Constitution  (or  other 
measure) 

Here  print  the  substance   of  the  amendment  (or 
other  measure)         ...... 


Yes 

X 

No 

The  elector  shall  designate  his  vote  by  a  cross  mark,  thus:  (X). 
The  said  special  ballot  shall  be  printed  on  paper  of  sufficient  size 
so  that  when  folded  once  it  shall  be  large  enough  to  contain  the  fol- 
lowing words,  which  shall  be  printed  on  the  back:  "Ballot  for  Con- 
stitutional amendment,"  or  the  name  of  any  and  all  public  measures 
then  to  be  voted  upon.     This  ballot  shall  be  handed  to  the  elector  at 


*  For  further  provisions  see  Articles  XVIII  and  XIX. 


39 

the  same  time  as  the  ballot  containing  the  names  of  the  candidates 
and  returned  therewith  by  the  elector  to  the  proper  officer  in  the 
manner  described  by  this  act.  All  provisions  of  this  act  relating  to 
ballots  shall  apply  to  this  separate  ballot.* 

6.  Cumulative  Voting.]  [§  304,  Ch.  46,  K.  S.]  No  number  of 
votes  shall  be  printed  on  any  ballot  after  the  name  of  any  candidate 
for  representative  in  the  General  Assembly.  In  canvassing  the  vote 
for  representatives  in  the  General  Assembly,  the  ballots  shall  be 
counted  in  the  manner  following: 

First.  Where  the  names  of  three  candidates  for  representatives  in 
the  General  Assembly  are  printed  under  one  party  appellation  or  title 
and  a  cross,  thus  X,  is  placed  at  the  appropriate  place  preceding  such 
party  appellation  or  title  and  the  ballot  is  not  otherwise  marked  for 
representatives  in  the  General  Assembly,  it  shall  be  counted  one  vote 
for  each  of  said  candidates. 

Second.  Where  the  names  of  two  candidates  for  representatives  in 
the  General  Assembly  are  printed  under  one  party  appellation  or  title 
and  a  cross,  thus  X,  is  placed  at  the  appropriate  place  preceding  such 
party  appellation  or  title,  and  the  ballot  is  not  otherwise  marked  for 
representatives  in  the  General  Assembly,  it  shall  be  counted  one  and 
one-half  votes  for  each  of  said  candidates. 

Third.  Where  the  name  of  but  one  candidate  for  representative  in 
the  General  Assembly  is  printed  under  one  party  appellation  or  title 
and  a  cross,  thus  X,  is  placed  at  the  appropriate  place  preceding  such 
party  appellation  or  title  and  the  ballot  is  not  otherwise  marked  for 
representatives  in  the  General  Assembly,  it  shall  be  counted  three 
votes  for  said  candidate. 

Fourth.  Whether  a  cross,  thus  X,  is  placed  at  the  appropriate 
place  preceding  any  party  appellation  or  title,  or  not,  whenever  a  cross 
is  placed  in  the  square  preceding  the  name  of  any  one  candidate  for 
representative  in  the  General  Assembly  and  the  ballot  is  not  otherwise 
marked,  the  ballot  shall  be  counted  three  votes  for  such  candidate; 
where  a  cross  is  placed  in  the  squares  preceding  the  names  of  any  two 
candidates  for  representatives  in  the  General  Assembly  and  the  ballot 
is  not  otherwise  marked,  the  ballot  shall  be  counted  one  and  one-half 
votes  for  each  of  said  two  candidates;  where  a  cross  is  placed  in  the 
squares  preceding  the  names  of  any  three  candidates  for  representa- 
tives in  the  General  Assembly  and  the  ballot  is  not  otherwise  marked, 
the  ballot  shall  be  counted  one  vote  for  each  of  said  three  candidates. 

Fifth.  Where  the  voter  has  indicated  his  intention  by  lawful  mark- 
ing of  his  ballot  to  divide  his  votes  among  the  candidates  in  any  man- 
ner other  than  as  specified  in  the  foregoing  sections,  it  shall  be 
counted  for  such  candidates  according  to  the  intention  of  the  voter  as 
disclosed  by  the  marking  of  the  ballot. 

Sixth.  If  the  ballot  has  been  so  marked  as  to  indicate  an  intention 
to  cast  more  than  three  votes  for  representatives .  in  the  General  As- 
sembly, such  ballot  shall  not  be  counted  for  any  of  such  candidates. 


*  For  further  provisions  see  Articles  XVIII  and  XIX. 


40 

7.  Printed  Instructions  for  Voters.]  [§  305,  Ch.  46,  R.  S.] 
The  officer  or  officers  whose  duty  it  is  to  have  the  ballots  printed, 
shall  prepare  full  instructions  for  the  guidance  of  voters  at  each  elec- 
tion as  to  obtaining  ballots,  as  to  the  manner  of  marking  them  and 
the  method  of  gaining  assistance,  and  as  to  obtaining  new  ballots  in 
place  of  those  accidentally  spoiled,  and  they  shall  respectively  cause 
the  same,  together  with  copies  of  section  4  of  article  VII,  section  11  of 
article  IX,  sections  6,  7  and  8  of  article  X,  and  sections  15  and  16  of 
article  XIII,  to  be  printed  in  large,  clear  type,  on  separate  cards,  to  be 
called  cards  of  instruction;  and  such  officer  or  officers  shall  furnish 
to  the  judges  of  election  a  sufficient  number  of  such  cards  of  in- 
struction to  enable  the  judges  of  election  to  comply  with  the  pro- 
visions of  this  article. 

8.  Instruction  Cards  and  Specimen  Ballots  to  be  Posted.*] 
[§  306,  Ch.  46,  R.  S.]  The  judges  of  election  shall  cause  not  less 
than  one  of  such  cards  to  be  posted  in  each  voting  booth  provided 
for  the  preparation  of  ballots,  and  not  less  than  four  of  such  cards  to 
be  posted  in  and  about  the  polling  places  upon  the  day  of  election. 
■Judges  of  election  shall,  not  less  than  five  days  prior  to  an  election, 
<jause  to  be  conspicuously  posted  in  five  or  more  public  places  in 
their  voting  precinct  or  election  district  a  card  of  instruction,  and  a 
specimen  ballot  printed  on  colored  paper  containing  the  names,  res- 
idence and  party  or  political  affiliation  of  all  candidates  nominated 
as  herein  provided  and  to  be  voted  for  in  such  precinct,  substantially 
in  the  form  of  the  general  ballot  to  be  used  herein.  The  officer  or 
officers  whose  duty  it  is  to  cause  the  printing  and  distribution  of 
ballots  shall  have  printed  a  sufficient  number  of  specimen  ballots  and 
deliver  the  same  to  the  judges  of  election  so  as  to  enable  said  judges 
to  comply  with  the  provisions  of  this  act.  In  every  county  of  not 
more  than  one  hundred  and  fifty  thousand  (150,000)  inhabitants  the 
•officers  or  authorities  charged  with  the  printing  and  distribution  of 
the  ballots  shall  cause  to  be  published,  prior  to  the  day  of  election, 
In  at  least  two  newspapers,  if  there  be  so  many  published  in  such 
county,  representing  the  political  parties  which  cast  at  the  preceding 
election  the  largest  and  next  largest  number  of  votes,  a  list  of  all  the 
nominations  made  as  herein  provided  and  to  be  voted  for  at  such 
elections  as  near  as  may  be  in  the  form  in  which  they  shall  appear 
upon  the  general  ballot.* 

9.  Judges  Have  Charge  of  Ballots.]  [§  307,  Ch.  46,  R.  S.] 
The  judges  of  election  of  their  respective  election  precincts  or  elec- 
tion districts  shall  have  charge  of  the  ballots  and  furnish  them  to  the 
voter  as  hereinafter  set  forth. 

Article  VIII. 

BALLOT  BOXES,  BOOTHS  AND  POLL  BOOKS. 

,  1.  Ballot  Boxes.]  [§  40,  Ch.  46,  R.  S.]  The  county  board 
shall  provide  a  sufficient  number  of  ballot  boxes,  with  secure  locks 
and  keys,  at  the  expense  of  the  county,  for  the  several  precincts  and 

*  For  further  provisions  see  Articles  XVIII  and  XIX. 


41 

districts.  There  shall  be  an  opening  in  the  lid  of  each  box  not  larger 
than  is  sufficient  to  admit  a  single  closed  ballot  to  be  inserted  therein 
at  one  time,  through  which  each  ballot  voted  shall  be  put  into  the  box. 

2.  Judges  to  Keep  Ballot  Boxes,  Etc.]  [§  4],  Ch.  46,  R.  8. 
The  ballot  boxes  shall  be  delivered  to  and  kept  by  the  judges  of  elec- 
tion, and  by  them  kept  and  delivered  to  theirs  successors. 

3.  Blanks,  Poll  Books,  Etc.]  [§  42,  Ch.  46,  R.  S.]  The  county 
clerk  shall  provide,  at  the  expense  of  the  county,  proper  blanks,  poll 
books  and  other  necessary  election  blanks  for  each  precinct  and  dis- 
trict in  his  county,  and  cause  a  suitable  number  thereof  to  be  deliv- 
ered to  the  judges  of  election,  at  least  ten  days  before  any  election  is 
to  be  held. 

4.  Booths  at  Polling  Places— Stationery,  Etc.— Booths 
Private.]  [§  308,  Ch.  46,  R.  S.]  All  officers  upon  whom  is  imposed 
by  law  the  duty  of  designating  or  providing  polling  places  shall  pro- 
vide in  each  polling  place  so  designated  or  provided  a  sufficient  num- 
ber of  booths,  which  shall  be  provided  with  such  supplies  and  con- 
veniences, including  shelves,  pens,  penholders,  ink,  blotters  and 
pencils,  as  will  enable  the  voter  to  prepare  his  ballot  for  voting,  and 
in  which  voters  may  prepare  their  ballots  screened  from  all  observa- 
tion as  to  the  manner  in  which  they  do  so;  and  the  guard-rail  shall 
be  so  constructed  and  placed  that  only  such  persons  as  are  inside  said 
rail  can  approach  within  six  feet  of  the  ballot  box  and  of  such  voting 
booths.  The  arrangement  shall  be  such  that  the  voting  booths  can 
only  be  reached  by  passing  within  said  guard-rail.  They  shall  be- 
within  plain  view  of  the  election  officers ;  and  both  they  and  the  ballot 
boxes  shall  be  within  plain  view  of  those  outside  of  the  guard-rail. 
Each  of  said  booths  shall  have  three  sides  enclosed,  one  side,  in  front, 
to  be  closed  with  a  curtain.  Each  side  of  each  booth  shall  be  six  feet 
four  inches  high,  and  the  curtain  shall  extend  within  two  feet  of  the 
floor,  which  shall  be  closed  while  the  voter  is  preparing  his  ballot. 
Each  booth  shall  be  at  least  32  inches  square,  and  shall  contain  a 
shelf  at  least  one  foot  wide,  at  a  convenient  height  for  writing.  No 
person  other  than  the  election  officers  and  the  challengers  allowed  by 
law,  and  those  admitted  for  the  purpose  of  voting,  as  hereinafter  pro- 
vided, shall  be  permitted  within  the  guar  -rail,  except  by  authority 
of  the  election  officers  to  keep  order  and  enforce  the  law.  The  num- 
ber of  such  voting  booths  shall  not  be  Jess  than  one  to  every  75  voters 
or  fraction  thereof  who  voted  at  the  last  preceding  election  in  the 
precinct  or  district.  The  expense  of  providing  booths  and  guard-rails 
and  other  things  required  in  this  act  shall  be  paid  in  the  same  manner 
as  other  election  expenses. 


Article  IX. 

QUALIFICATION    OF    VOTERS. 

1.  Who  May  Vote.]  [§  65,  Ch.  46,  R.  S.]  Every  person  having 
resided  in  this  State  one  year,  in  the  county  90  days,  and  in  the  elec- 
tion district  30  days  next  preceding  any  election  therein,  who  was  an 


42 

elector  in  this  State  on  the  first  day  of  April,  in  the  year  of  our  Lord 
1848,  or  obtained  a  certificate  of  naturalization  before  any  court  of 
record  in  this  State  prior  to  the  first  day  of  January,  in  the  year  of 
our  Lord,  1870,  or  who  shall  be  a  male  citizen  of  the  United  States, 
above  the  age  of  21  years,  shall  be  entitled  to  vote  at  such  election. 

2.  Residence.]  [§  66,  Ch.  46,  R.  S.]  A  permanent  abode  is 
necessary  to  constitute  a  residence  within  the -meaning  of  the  preced- 
ing section. 

B.  When  Inmates  of  Poor  Houses,  Asylums,  Etc.,  May  Vote.] 
[§  66a,  Ch.  46,  R.  S.]  No  pauper  or  inmate  of  any  county  poor  house, 
insane  asylum  or  hospital  in  this  State,  shall  by  virtue  of  his  abode 
at  such  county  poor  house,  insane  asylum  or  hospital  be  deemed  a 
resident  or  legal  voter  in  the  town,  city,  village  or  election  district  or 
precinct  in  which  such  poor  house,  insane  asylum  or  hospital  may  be 
situated;  but  every  such  person  shall  be  deemed  a  resident  of  the  town, 
city,  village,  election  district  or  precinct  in  which  he  resided  next 
prior  to  becoming  an  inmate  of  such  county  poor  house,  insane  asylum 
or  hospital. 

4.  Inmates  of  Soldiers'  and  Sailors'  Homes.]  [§  66b,  Ch.  46, 
R.  S.]  Every  honorably  discharged  soldier  or  sailor  who  shall  have 
been  an  inmate  of  any  Soldiers'  or  Sailors'  Home  within  the  State  of 
Illinois  for  90  days  or  longer,  and  who  shall  have  been  a  citizen  of 
the  United  States  and  resided  in  this  State  one  year,  in  the  county 
where  any  such  home  is  located  90  days,  and  in  the  election  district 
30  days  next  preceding  any  election,  shall  be  entitled  to  vote  in  the 
election  district  in  which  any  such  Soldiers'  and  Sailors'  Home  in 
which  he  is  an  inmate  thereof  as  aforesaid  is  located,  for  all  officers 
that  now  are  or  hereafter  may  be  elected  by  the  people,  and  upon  all 
questions  that  may  be  submitted  to  the  vote  of  the  people:  Provided, 
That  he  shall  declare  upon  oath,  if  required  so  to  do  by  any  officer  of 
election  in  said  district,  that  it  was  his  bona  fide  intention  at  the  time 
he  entered  said  home  to  become  a  resident  thereof. 

5.  Affidavit  of  Qualification.]  [§67,  Ch.46,R.  S.]  Whenever, 
at  any  general  or  special  election,  in  any  precinct,  district,  city,  vil- 
lage, town  or  ward,  any  person  offering  to  vote  is  not  personally 
known  to  the  judges  of  election  to  have  the  qualifications  mentioned 
in  sections  1  and  2  of  this  article,  if  his  vote  is  challenged  by  a  legal 
voter  at  such  election,  he  shall  make  and  subscribe  an  affidavit  in  the 
following  form,  which  shall  be  retained  by  the  judges  of  election  and 
returned  by  them  with  the  poll  book: 

STATE  OF  ILLINOIS,  | 
County  of  Cook,         \     ' 

I ,  do  solemnly  swear  (or  affirm)  that  I  am  a  citizen 

of  the  LTnited  States  (or  "that  I  was  an  elector  on  the  first  day  of 
April,  A.  D.  1848,"  or  "that  I  obtained  a  certificate  of  naturalization 
before  a  court  of  record  in  this  State  prior  to  the  first  day  of  Janu- 
ary, A.  D.  1870,"  as  the  case  may  be;)  that  I  have  resided  in  this 
State  one  year,  in  this  county  90  days  and  in  this  election  district  30 
days  next  preceding  this  election;  that  I  now  reside  at  (here  give  the 


43 

particular  house  or  place  of  residence,  and.  if  in  a  town  or  city,  the 
street  and  number),  in  this  election  district;  that  I  am  21  years  of 
age  and  have  not  voted  at  this  election,  So  help  me  God  (or  "this  I 
do  solemnly  and  sincerely  affirm,"  as  the  case  may  be). 


Subscribed  and  sworn  to  before  me  this day  of 

A.  D.  18.... 

6.  Affidavit  of  Witness.]  [§  68,  Ch.  46,  K.  S.]  In  addition  to 
such  affidavit,  the  person  so  challenged  shall  produce  a  witness  per- 
sonally known  to  the  judges  of  election,  and  resident  in  the  precinct 
or  district,  or  who  shall  be  proved  by  some  legal  voter  of  such  pre- 
cinct or  district,  known  to  the  judges  to  be  such,  who  shall  take  the 
oath  following,  viz: 

I  do  solemnly  swear  (or  affirm)  that  I  am  a  resident  of  this  election 
precinct  or  district  and  entitled  to  vote  at  this  election,  and  that  I 
have  been  a  resident  of  this  State  for  one  year  last  passed,  and  am 
well  acquainted  with  the  person  whose  vote  is  now  ottered;  that  he 
is  an  actual  and  bona  fide  resident  of  this  election  precinct  or  dis- 
trict, and  has  resided  herein  30  days,  and,  as  I  verily  believe,  in  this 
county  90  days,  and  in  this  State  one  year  next  preceding  the  election. 

7.  Who  May  Administer  Oath.]  [§  69,  Ch.  46,  K.  S.]  The  oath, 
in  each  case,  may  be  administered  by  either  of  the  judges  of  election, 
or  by  any  officer,  resident  in  the  precinct  or  district,  authorized  by 
law  to  administer  oaths. 

8.  Convicts — Disqualifications.]  [§  70,  Ch.  46,  R.  S.]  No  per- 
son who  has  been  legally  convicted  of  any  crime,  the  punishment  of 
which  is  confinement  in  the  penitentiary,  or  who  shall  be  convicted 
and  sentenced .  under  section  7  of  article  XIII  of  this  act,  shall  be 
permitted  to  vote  at  any  election  unless  he  shall  be  restored  to  the 
right  to  vote  by  pardon;  or  by  the  expiration  of  the  term  of  his  dis- 
franchisement under  section  7  of  article  XIII  of  this  act. 

9.  Woman  May  Vote  for  School  Officers.]  [§  332,  Ch.  46,  R. 
S.]  Any  woman  of  the  age  of  21  years  and  upwards,  belonging  to 
either  of  the  classes  mentioned  in  article  VII  of  the  Constitution  of 
the  State  ot  Illinois,  who  shall  have  resided  in  this  State  one  year, 
in  the  county  90  days,  and  in  the  election  district  30  days  preced- 
ing any  election  held  for  the  purpose  of  choosing  any  officer  of  schools 
under  the  general  or  special  school  laws  of  this  State,  shall  be 
entitled  to  vote  at  such  election  in  the  school  district  of  which  she 
shall  at  the  time  have  been  for  30  days  a  resident:  Provided,  any 
woman  so  desirous  of  voting  at  such  election  shall  have  been  registered 
in  the  same  manner  as  is  provided  for  the  registration  of  male  voters. 

10.  Ballot — What  to  Contain — How  Deposited.]  [§  333,  Ch. 
46,  R.  S.]  Whenever  the  election  of  public  school  officers  shall  occur 
at  the  same  election  at  which  other  public  officers  are  elected,  the 
ballot  offered  by  any  woman  entitled  to  vote  under  this  act  shall  not 
contain  the  name  of  any  person  to  be  voted  for  at  such  election  except 


44 

such  officers  of  public  schools,  and  such  ballots  shall  all  be  deposited 
in  a  separate  ballot  box,  but  canvassed  with  other  ballots  cast  for 
school  officers  at  such  election. 

11.  Absence  for  Voting  Purposes — Employer  Preventing  — 
Penalty.]  [§  312,  Chi.  46,  R.  S.]  Any  person  entitled  to  vote  at  a 
general  election  in  this  State  shall,  on  the  day  of  such  election,  be 
entitled  to  absent  himself  from  any  services  or  employment  in  which 
he  is  then  engaged  or  employed  for  a  period  of  two  hours  between 
the  time  of  opening  and  closing  the  polls;  and  such  voter  shall  not, 
because  of  so  absenting  himself,  be  liable  to  any  penalty;  nor  shall 
any  deduction  be  made  on  account  of  such  absence  from  his  usual 
salary  or  wages :  Provided,  however,  That  application  for  such  leave 
of  absence  shall  be  made  prior  to  the  day  of  election.  The  employer 
may  specify  the  hours  during  which  said  employ^  may  absent  him- 
self as  aforesaid.  (The  above  provision  is  preserved  in  section  11  of 
article  XIII.) 

Article  X. 

MANNER   OF   CONDUCTING   ELECTIONS. 

1.  Time  Polls  to  be  Kept  Open.]  [§§  48  and  321,  Ch.  46,  R.  S.] 
At  all  elections  to  which  this  act  applies,  except  at  elections  held  in 
cities,  villages  and  incorporated  towns  which  have  heretofore  adopted 
or  may  hereafter  adopt  the  provisions  of  an  act  entitled  *'An  act  regu- 
lating the  holding  of  elections  and  declaring  the  results  thereof  in 
cities,  villages  and  incorporated  towns,"  approved  June  19,  1885,  the 
polls  shall  be  opened  at  7:00  o'clock  in  the  morning  and  shall  be 
closed  at  5:00  in  the  evening:  Provided,  however,  That  cities, 
villages  and  towns  in  counties  of  the  third  class  may  provide  by  city 
or  village  ordinance,  or  by  resolution  adopted  at  the  annual  town 
meeting,  that  polls  shall  be  opened  at  6:00  o'clock  in  the  morning 
and  be  closed  at  4:00  o'clock  in  the  afternoon,  and  after  the  passage 
of  such  ordinance  or  resolution  and  the  filing  of  a  certified  copy 
thereof  with  the  county  clerk  of  the  county  in  which  such  city,  vil- 
lage or  town  is  located,  the  polls  shall  open  at  6:00  o'clock  in  the 
morning  and  close  at  4:00  o'clock  in  the  afternoon  of  the  same  day  at 
elections  held  in  such  city,  village  or  town  adopting  such  ordinance 
or  resolution  and  filing  the  same  as  herein  provided.  But  if  the 
judges  shall  not  attend  at  the  hour  of  7:00  o'clock  in  the  morning,  or 
if  it  shall  be  necessary  for  the  electors  present  to  appoint  judges  to 
conduct  the  election  as  hereinbefore  prescribed,  the  polls  may,  in  that 
case,  be  opened  at  any  hour  before  the  time  for  closing  the  same  shall 
arrive  as  the  case  may  require. 

2.  Proclamation.]  [§  49,  Ch.  46,  R.  S.]  Upon  opening  the  polls, 
one  of  the  clerks  or  judges  of  election  shall  make  proclamation  of  the 
same,  and  at  least  30  minutes  before  the  closing  of  the  polls  procla- 
mation shall  be  made  in  like  manner  and  that  the  polls  will  be  closed 
in  half  an  hour. 

3.  Ballot-box  Publicly  Exhibited,  Etc. — Locked  —Keys.]  [§  50, 
Oh.  46,  R.  S.]  Before  any  ballot  shall  be  deposited  in  the  ballot-box, 


45 

the  ballot  box  shall  be  publicly  opened  and  exhibited,  and  the  judges 
and  clerks  shall  see  that  no  ballot  is  in  such  box;  after  which  the  box 
shall  be  locked  and  the  key  delivered  to  one  of  the  judges,  and  shall 
not  again  be  opened  until  the  close  of  the  polls. 

4.  Poll  Lists— How  Kept.]  [§  51,  Ch.  46fc,  K.  S.]  Each  clerk  of 
election  shall  keep  a  poll  list,  which  shall  contain  a  column  headed 
"  number  "  and  another  headed  "  names  of  voters."  The  name  of  each 
elector  voting  shall  be  entered  upon  each  of  the  poll  books  by  the 
clerks,  in  regular  succession,  under  the  proper  headings,  and  the 
number  of  such  voter  placed  ojjposite  his  name  in  the  column  headed 
"  number." 

5.  No  Adjournment  or  Recess.]  [§  56,  Ch.  46,  R.  S.]  After  the 
opening  of  the  polls,  no  adjournment  shall  be  had,  nor  shall  any  recess 
be  taken,  until  all  the  votes  cast  at  such  election  shall  have  been 
counted  and  the  results  publicly  announced. 

6.  Manner  of  Voting— Checking  on  Register  List.]  [§  309, 
Ch.  46,  R.  S.]  Any  person  desiring  to  vote  shall  give  his  name  and, 
if  required  to  do  so,  his  residence,  to  the  judges  of  election,  one  of 
whom  shall  thereupon  announce  the  name  in  a  loud  and  distinct  tone 
of  voice,  clear  and  audible;  and  if  such  name  is  found  upon  the  regis- 
ter of  voters  by  the  officer  having  charge  thereof,  he  shall  likewise 
repeat  said  name,  and  the  voter  shall  be  allowed  to  enter  the  space 
enclosed  by  the  guard-rail  as  above  provided.  One  of  the  judges 
shall  give  the  voter  one,  and  only  one,  ballot,  on  the  back  of  which 
such  judge  shall  endorse  his  initials  in  such  manner  that  they  may  be 
seen  when  the  ballot  is  properly  folded,  and  the  voter's  name  shall  be 
immediately  checked  on  the  register  list.  At  all  elections  when  a 
registry  may  be  required,  if  the  name  of  any  person  so  desiring  to 
vote  at  such  election  is  not  found  on  the  register  of  voters,  he  shall 
not  receive  a  ballot  until  he  shall  have  complied  with  the  law  pre- 
scribing the  manner  and  conditions  of  voting  by  unregistered  voters. 
If  any  person  desiring  to  vote  at  any  election  shall  be  challenged,  he 
shall  not  receive  a  ballot  until  he  shall  have  established  his  right  to 
vote  in  the  manner  provided  by  law;  and  if  he  shall  be  challenged 
after  he  has  received  his  ballot,  he  shall  not  be  permitted  to  vote  until 
he  has  fully  complied  with  such  requirements  of  the  law  upon  being 
challenged.  Besides  the  election  officer,  not  more  than  two  voters  in 
excess  of  the  whole  number  of  voting  booths  provided  shall  be  allowed 
in  said  enclosed  space  at  one  time. 

7.  Manner  of  Preparing  Ballot.]  [§  310,  Ch.  46,  R.  S.]  On 
receipt  of  his  ballot  the  voter  shall  forthwith,  and  without  leaving  the 
enclosed  space,  retire  alone  to  one  of  the  voting  booths  so  provided 
and  shall  prepare  his  ballot  by  making  in  the  appropriate  margin 
or  place  a  cross  (X)  opposite  the  name  of  the  candidate  of  his 
choice  for  each  office  to  be  filled,  or  by  writing  in  the  name  of  the 
candidate  of  his  choice  in  a  blank  space  on  said  ticket,  making  a 
cross  (X)  opposite  thereto;  and  in  case  of  a  question  submitted  to 
the  vote  of  the  people,  by  making  in  the  appropriate  margin  or  place 
a  cross  (X)  against  the  answer  he  desires  to  give:  Provided,  how- 
ever, if  he  shall  desire  to  vote  for  all  of  the  candidates  of  one  political 


46 

party  or  group  of  petitioners,  he  may  place  such  mark  at  the  appro- 
priate place  preceding  the  appellation  or  title  under  which  the  names 
of  the  candidates  of  such  party  or  group  of  petitioners  are  printed, 
and  the  ballot  so  marked  shall  be  counted  as  cast  for  all  of  the  can- 
didates named  under  that  title:  Provided,  further,  that  the  voter 
may  place  such  mark  at  the  appropriate  place  preceding  the  appella- 
tion or  title  of  one  party  or  group  of  petitioners  and  may  also  mark, 
at  the  appropriate  place  preceding  the  name  or  names  of  one  or  more 
candidates  printed  under  the  appellation  or  title  of  some  other  party 
or  group  of  petitioners,  and  a  ballot  so  marked  shall  be  counted  as 
cast  for  all  the  candidates  named  under  the  appellation  or  title  which 
has  been  so  marked,  except  as  to  the  officers  as  to  which  he  has 
placed  such  mark  preceding  the  name  or  names  of  some  other  candi- 
dates printed  under  the  title  of  some  other  party  or  group  of  peti- 
tioners, and  as  to  such  it  shall  be  counted  as  cast  for  the  candidate 
or  candidates  preceding  whose  name  or  names  such  mark  may  have 
been  placed.  Before  leaving  the  voting  booth,  the  voter  shall  fold 
his  ballot  in  such  manner  as  to  conceal  the  marks  thereon.  He  shall 
then  vote  forthwith  in  the  manner  now  provided  by  law,  except  that 
the  number  corresponding  to  the  number  of  the  voter  on  the  poll 
books  shall  not  be  endorsed  on  the  back  of  his  ballot.  He  shall  mark 
and  deposit  his  ballot  without  undue  delay,  and  shall  quit  said  en- 
closed space  as  soon  as  he  has  voted.  No  voter  shall  be  allowed  to 
occupy  a  voting  booth  already  occupied  by  another,  nor  remain  with- 
in said  enclosed  space  more  than  ten  minutes,  nor  to  occupy  a  voting 
booth  more  than  five  minutes,  in  case  all  of  said  voting  booths  are  in 
use  and  other  voters  waiting  to  occupy  the  same.  No  voter,  not  an 
election  officer,  shall,  after  having  voted,  be  allowed  to  re-enter  said 
enclosed  space  during  said  election,  No  person  shall  take  or  remove 
any  ballot  from  the  polling  place  before  the  close  of  the  polls.  No 
voter  shall  vote  or  offer  to  vote  any  ballot  except  such  as  he  has  re- 
ceived from  the  judges  of  election  in  charge  of  the  ballots.  Any  voter 
who  shall,  by  accident  or  mistake,  spoil  his  ballot,  may,  on  returning 
said  spoiled  ballot,  receive  another  in  pla^e  thereof. 

8.  Assistance  to  Illiterate  Voters.]  [§  311,  Ch.  46,  K.  S.] 
Any  voter  who  may  declare  upon  oath  that  he  can  not  read  the  Eng- 
lish language,  or  that  by  reason  of  any  physical  disability,  he  is  unable 
to  mark  his  ballot,  shall,  upon  request,  be  assisted  in  marking  his  bal- 
lot by  two  of  the  election  officers,  of  different  political  parties,  to  be 
selected  from  the  judges  and  clerks  of  the  precint  or  district  in  which 
they  are  to  act,  to  be  designated  by  the  judges  of  election  of  each 
precinct  or  district  at  the  opening  of  the  polls.  Such  officers  shall 
mark  the  ballot  as  directed  by  the  voter,  and  shall  thereafter  give  no 
information  regarding  the  same.  The  clerks  of  election  shall  enter 
upon  the  poll  lists  after  the  name  of  any  elector  who  received  such 
assistance  in  marking  his  ballot  a  memorandum  of  the  fact.  Intoxi- 
cation shall  not  be  regarded  as  a  physical  disability,  and  no  intoxi- 
cated person  shall  be  entitled  to  assistance  in  making  his  ballot. 


47 

9.  Cumulative  Votes — How  Voted.]  [§  304,  Ch.  46,  R.  S.]  No 
number  of  votes  shall  be  prited  on  any  ballot  after  the  name  of  any 
candidate  for  representative  in  the  General  Assembly.  In  canvassing 
the  vote  for  representatives  in  the  General  Assembly,  the  ballots 
shall  be  counted  in  the  manner  following: 

First.  Where  the  names  of  three  candidates  for  representatives  in 
the  General  Assembly  are  printed  under  one  party  appellation  or  title 
and  a  cross,  thus  X,  is  placed  at  the  appropriate  place  preceding  such 
party  appellation  or  title  and  the  ballot  is  not  otherwise  marked  for 
representatives  in  the  General  Assembly,  it  shall  be  counted  one  vote 
for  each  of  said  candidates. 

Second.  Where  the  names  of  two  candidates  for  representatives  in 
the  General  Assembly  are  printed  under  one  party  appellation  or  title 
and  a  cross,  thus  X,  is  placed  at  the  appropriate  place  preceding  such 
party  appellation  or  title,  and  the  ballot  is  not  otherwise  marked  for 
representatives  in  the  General  Assembly,  it  shall  be  counted  one  and 
one-half  votes  for  each  of  said  candidates. 

Third.  Where  the  name  of  but  one  candidate  for  representative  in 
the  General  Assembly  is  printed  under  one  party  appellation  or  title 
and  a  cross,  thus  X,  is  placed  at  the  appropriate  place  preceding  such 
party  appellation  or  title  and  the  ballot  is  not  otherwise  marked  for 
representatives  in  the  General  Assembly,  it  shall  be  counted  three 
votes  for  said  candidate. 

Fourth.  Whether  a  cross,  thus  X,  is  placed  at  the  appropriate 
place  preceding  any  party  appellation  or  title,  or  not,  whenever  a  cross 
is  placed  in  the  square  preceding  the  name  of  any  one  candidate  for 
representative  in  the  General  Assembly  and  the  ballot  is  not  other- 
wise marked,  the  ballot  shall  be  counted  three  votes  for  said  candi- 
date; where  a  cross  is  placed  in  the  squares  preceding  the  names  of 
any  two  candidates  for  representatives  in  the  General  Assembly  and 
the  ballot  is  not  otherwise  marked,  the  ballot  shall  be  counted  one 
and  one- half  votes  for  each  of  said  two  candidates;  where  a  cross  is 
placed  in  the  squares  preceding  the  names  of  any  three  candidates  for 
representatives  in  the  General  Assembly  and  the  ballot  is  not  other- 
wise marked,  the  ballot  shall  be  counted  one  vote  for  each  of  said 
three  candidates. 

Fifth.  Where  the  voter  has  indicated  his  intention  by  lawful  mark- 
ing of  his  ballot  to  divide  his  votes  among  the  candidates  in  any  man- 
ner other  than  as  specified  in  the  foregoing  sections,  it  shall  be 
counted  for  such  candidates  according  to  the  intention  of  the  voter  as 
disclosed  by  the  marking  of  the  ballot. 

Sixth.  If  the  ballot  has  been  so  marked  as  to  indicate  an  intention 
to  cast  more  than  three  votes  for  representatives  in  the  General  As- 
sembly, such  ballot  shall  not  be  counted  for  any  of  such  candidates. 

10.  Ballots  not  Counted— Spoiled  Ballots.]  [§  318,  Ch.  46, 
R.  S.J  If  the  voter  marks  more  names  than  there  are  persons  to  be 
elected  to  an  office,  or  if  for  any  reason  it  is  impossible  to  determine 
the  voter's  choice  for  any  office  to  be  filled,  his  ballot  shall  not  be 
counted  for  such  office.  No  ballot  without  the  official  endorsement 
shall  be  allowed  to  be  deposited  in  the  ballot-box,  and  none  but  bal- 


48 

lots  provided  in  accordance  with  the  provisions  of  this  act  shall  be 
counted.  Ballots  not  counted  shall  be  marked  "defective"  on  the 
back  thereof,  and  ballots  to  which  objection  has  been  made  by  either 
of  the  judges  or  challengers  shall  be  marked  "objected  to"  on  the 
back  thereof,  and  a  memorandum,  signed  by  the  judges,  stating  how 
it  was  counted,  shall  be  written  upon  the  back  of  each  ballot  so 
marked  and  all  ballots  marked  "defective"  or  "objected  to"  shall  be 
enclosed  in  an  envelope,  securely  sealed  and  so  marked  and  endorsed 
as  to  clearly  disclose  its  contents.  All  ballots  not  voted,  and  all  that 
have  been  spoiled  by  voters  while  attempting  to  vote,  shall  be  re- 
turned by  the  judges  of  election  to  the  officer  or  authorities  charged 
with  the  printing  and  distribution  of  the  ballots,  and  a  receipt  taken 
therefor,  and  shall  be  preserved  six  months ;  such  officer  shall  keep  a 
record  of  the  number  of  ballots  delivered  for  each  polling  place,  the 
name  of  the  person  to  whom  and  the  time  when  delivered,  and  he 
shall  also  enter  upon  such  record  the  number  and  character  of  bal- 
lots returned,  with  the  time  when  and  the  person  by  whom  they  are 
returned. 

11.  Canvass  of  Ballots.]  [§  57,  Ch.  46,  R.  S.]  Immediately 
upon  closing  the  polls,  the  judges  shall  proceed  to  canvass  the  votes 
polled.  They  shall  first  count  the  whole  number  of  ballots  in  the 
box.  If  two  or  more  ballots  are  folded  together,  so  as  to  appear  to 
have  been  cast  by  the  same  person,  and  the  number  of  ballots  exceeds 
the  number  of  names  entered  on  each  of  the  poll  lists,  the  ballots  so 
folded  together  shall  be  rejected,  and  if  the  number  of  ballots  still 
exceeds  the  number  of  names  entered  upon  each  of  the  poll  lists,  said 
ballots  shall  be  replaced  in  the  ballot  box  and  the  box  closed  and 
well  shaken  and  again  opened,  and  one  of  the  judges  shall  publicly 
draw  out  and  destroy  so  many  ballots  unopened  as  shall  be  equal  to 
such  excess;  and  the  number  of  the  ballots  agreeing  with  the  poll 
lists,  or  being  made  to  agree,  the  board  shall  then  proceed  to  count 
and  estimate  and  publish  the  votes;  and  when  the  judges  of  election 
shall  open  and  read  the  tickets,  each  clerk  shall  carefully  and  cor- 
rectly mark  down  upon  the  tally  lists  the  votes  each  candidate  has  re- 
ceived, in  a  separate  column  prepared  for  that  purpose,  with  the 
name  of  such  candidate  at  the  head  of  such  column,  and  the  office 
designated  by  the  votes  such  candidate  shall  fill.  The  vote  shall  be 
canvassed  in  the  room  or  place  where  the  election  is  held,  and  the 
judges  shall  not  allow  the  ballot  box,  or  any  of  the  ballots,  or  either 
of  the  poll  lists,  or  either  of  the  tally  papers,  to  be  removed  or  carried 
away  from  such  room  or  place  until  the  canvass  of  the  votes  is  com- 
pleted and  the  returns  carefully  enveloped  and  sealed  up,  as  provided 
by  law. 

*lla.  "Steaight  Tickets,"  How  Tallied — Split  Tickets,  etc.] 
Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  hereafter  at  all  general 
and  special  elections  and  primary  elections  held  in  this  State,  where 
the  law  shall  provide  that  the  clerks  shall  tally  the  votes  received  by 
candidates  at  such  election,  it  shall  not  be  necessary  for  the  clerks  of 


*  See  note  on  Dage  49. 


49 

such  election  to  mark  upon  the  tally  sheets  kept  by  them,  separate 
marks  or  tallies  for  each  vote  received  by  the  candidates  upon  the 
ballots  containing  the  same  names,  commonly  known  and  hereafter  in 
this  act  designated  as  "  straight  tickets."  But  when  the  judges  shall 
have  counted  and  announced  to  the  clerks,  as  near  as  may  be  as  now 
or  hereafter  provided  by  lav/,  the  number  of  votes  received  by  each 
set  of  candidates  upon  such  "  straight  tickets,"  the  clerks  shall  set 
such  number  of  votes  down,  in  figures,  opposite  the  names  of  the  re- 
spective candidates,  in  a  column  provided  for  that  purpose  upon  the 
tally  sheets ;  which  column  shall  immediately  join  upon  the  left  the 
space  reserved  for  the  tallies,  and  which  shall  be  of  convenient  width 
and  shall  be  headed,  "  Number  of  votes  received  upon  '  straight 
tickets.' '"  The  judges  shall  then  proceed  to  count  and  announce  the 
votes  received  by  each  candidate  upon  all  ballots  other  than  "  straight 
tickets,"  including  all  ballots  known  as  "  split  tickets,"  and  all  ballots 
known  as  "  scratched  tickets,"  and  the  clerks  shall  proceed  to  tally  the 
same  upon  the  tally  sheets,  and  to  compare  and  announce  the  result 
thereof;  which  counting,  announcing  and  tallying  shall  be  conducted 
as  now  or  hereafter  provided  by  law.  The  clerks  shall  set  down,  in 
figures,  the  number  of  votes  received  by  each  candidate  on  ballots 
other  than  "  straight  tickets,"  as  so  ascertained  and  announced,  in  a 
column  provided  for  that  purpose  upon  the  tally  sheets,  immediately 
adjoining  on  the  right  the  space  reserved  for  the  tallies,  which  col- 
umn shall  be  of  convenient  width,  and  shall  be  headed,  ''Number  of 
votes  received  upon  ballots  other  than  '  straight  tickets.' "  The  clerks 
shall  then  proceed  to  add  together  the  number  of  votes  received  by 
each  candidate,  as  shown  in  the  column  containing  the  straight  votes 
and  the  number  as  shown  in  the  column  containing  the  votes  other 
than  straight  votes ;  which  result  will  show  the  total  number  of  votes 
received  bv  each  candidate;  and  after  comparing  their  results  and 
finding  that  the  same  agree  and  are  correct,  they  shall  set  down  the 
same,  in  figures,  in  a  column  provided  upon  the  tally  sheets  for  that 
purpose,  on  the  extreme  right  hand  side  thereof,  which  shall  be  of 
convenient  width  and  shall  be  headed,  "Total  number  of  votes." 
Whereupon  one  of  the  clerks  shall  announce  in  a  loud  voice  to  the 
judges  the  total  number  of  voted  [votes]  received  by  and  counted  for 
each  candidate. 

*llb.  Repeal — Intent  of  Act.]  §  2.  All  laws  and  parts  of  laws 
in  conflict  herewith  are  hereby  repealed.  Nothing  in  this  act  con- 
tained shall  be  construed  to  authorize  or  permit  the  canvassing, 
counting  or  tallying  ballots  with  any  less  degree  of  strictness  than 
now  required  by  law;  the  intention  of  this  act  being  to  dispense  with 
the  individual  tally  marks  only  so  far  as  the  so-called  "  straight 
tickets"  are  concerned;  and  all  other  operations  of  tallying,  counting 
and  canvassing  and  announcing  the  votes  shall  proceed  as  near  as  may 
be  in  accordance  with  the  laws  now  or  hereinafter  provided  therefor. 


*Paragraphs  lla  and  lib  are  sections  1  and  2  of  "An  act  to  dispense  with  individual  tally 
marks  in  canvassing  the  so-called  '  straight  tickets '  at  all  elections  hereafter  held  in  this  State; 
and  concerning  the  duties  of  the  clerks  in  the  canvass  of  votes  at  such  election,  "approved  May 
13,  1905.    Laws  1905,  p.  205. 

-4  E  L 


50 

12.  Canvass  of  Votes — Proclamation — Ballots  Destroyed.] 
[§  314,  Ch.  46,  K.  S.]  When  the  canvass  of  the  ballots  shall  have 
been  completed,  as  now  provided,  by  law,  the  clerks  shall  announce  to 
the  judges  the  total  number  of  votes  received  by  each  candidate;  each 
judge  of  the  election  shall  proclaim  in  a  loud  voice  the  total  number 
of  votes  received  by  each  of  the  persons  voted  for  and  the  office  for 
which  he  is  designated,  and  the  number  of  votes  for  and  the  number 
of  votes  against  any  proposition  which  shall  have  been  submitted  to 
a  vote  of  the  people;  such  proclamation  shall  he  prima  facie  evidence 
of  the  result  of  such  canvass  of  the  ballots.  Immediately  after  mak- 
ing such  proclamation,  and  before  separating,  the  judges  shall  fold  in 
two  folds,  and  string  closely  upon  a  single  piece  of  flexible  wire,  all 
ballots  which  have  been  counted  by  them,  except  those  marked  "ob- 
jected to,"  unite  the  ends  of  such  wire  in  a  firm  knot,  seal  the  knot  in 
such  manner  that  it  cannot  be  untied  without  breaking  the  seal  en- 
close the  ballots  so  strung  in  a  secure  canvas  covering  and  securely 
tie  and  seal  such  canvas  covering  with  official  wax  impression  seals, 
to  be  provided  by  the  judges  in  such  manner  that  it  cannot  be  opened 
without  breaking  the  seals,  and  return  said  ballots,  together  with  the 
package  containing  the  ballots  marked  "defective  or  objected  to"  in 
such  sealed  canvas  covering  to  the  proper  clerk  or  to  the  board  of 
election  commissioners,  as  the  case  may  be,  and  such  officer  shall 
carefully  preserve  said  ballots  for  six  months,  and  at  the  expiration  of 
of  that  time  shall  destroy  them  by  burning  without  previously  open- 
ing the  package.  Such  ballots  shall  be  destroyed  in  the  presence  of 
the  official  custodian  thereof  and  two  electors  of  approved  integrity 
and  good  repute  and  members  respectively  of  the  two  leading  political 
parties.  The  said  electors  shall  be  designated  by  the  county  judge 
of  the  county  in  which  such  ballots  are  kept:  Provided,  That  if  any 
contest  of  the  election  of  any  officer  voted  for  at  such  election  shall  be 
pending  at  the  expiration  of  said  time,  the  said  ballots  shall  not  be 
destroyed  until  such  contest  is  finally  determined.  In  all  cases  of 
contested  elections  the  parties  contesting  the  same  shall  have  the 
right  to  have  said  ballots  opened  and  to  have  all  errors  of  the  judges 
in  counting  or  refusing  to  count  any  ballot  corrected  by  the  court  or 
body  trying  such  contest,  but  such  ballots  shall  be  opened  only  in 
open  court  or  in  open  session  of  such  body  and  in  the  presence  of  the 
officer  having  the  custody  thereof. 

13.  Form  of  Return.]  [§  61,  Ch.  56,  R.  S.]  When  the  votes 
shall  have  been  examined  and  counted,  the  clerks  shall  set  down  in 
their  poll-books  the  name  of  every  person  voted  for,  written  at  full 
length,  the  office  for  which  such  person  received  such  votes,  and  the 
number  he  did  receive,  the  number  being  expressed  in  words  at  full 
length;  such  entry  to  be  made,  as  nearly  as  circumstances  will  admit, 
in  the  following  form,  to- wit: 

At  an  election  held  at . ,  in  the  county  of 

and  State  of  Illinois,  on  the day  of ,  in  the  year 

of  our  Lord  one  thousand hundred  and ,  the  fol- 
lowing named  persons  received  the  number  of  votes  annexed  to  their 


51 

respective  names  for  the  following  described  offices,  to- wit.  (Name 
of  candidate)  had  (number  of  votes)  for  (title  of  office),  (and  in  the 
same  manner  for  any  other  persons  voted  for.)     Certified  by  us. 

A B 

C D , 

E F , 

Judges  of  Election. 
14.  Returns  to  be  Made  to  County  Clerk,  Etc. — Canvass,  Etc.] 
[§  62,  Ch.  46,  R.  S.]  One  of  the  lists  of  voters,  with  such  certificate  writ- 
ten thereon,  and  one  of  the  tally  papers  footed  up  so  as  to  show  the  cor- 
rect number  of  votes  cast  for  each  person  voted  for.  shall  be  carefully 
enveloped  and  sealed  up,  and  put  into  the  hands  of  one  of  the  judges 
of  election,  who  shall  within  24  hours  thereafter,  deliver  the  same  to 
the  county  clerk,  or  his  deputy,  at  the  office  of  said  county  clerk,  who 
shall  safely  keep  the  same.  Another  of  the  lists  of  voters,  with  such 
certificate  written  thereon,  and  another  of  the  tally  papers  footed  up 
as  aforesaid,  shall  be  carefully  enveloped  and  sealed  up  and  duly 
directed  to  the  Secretary  of  State,  and  by  another  of  the  judges  of 
election,  deposited  in  the  nearest  postoffice  within  six  hours  after  the 
completion  of  the  canvass  of  the  votes  cast  at  such  election,  which 
poll  book  and  tally  list  shall  be  filed  and  kept  by  the  Secretary  of 
State  for  one  year,  and  certified  copies  thereof  shall  be  evidence  in 
all  courts,  proceedings  and  election  contests.  Another  of  the  lists  of 
voters,  with  such  certificates  written  thereon,  and  another  of  the  tally 
papers  footed  as  aforesaid,  shall  be  carefully  enveloped  and  sealed 
up  and  delivered  by  the  third  one  of  the  judges,  without  delay,  in 
counties  under  township  organization,  to  the  town  clerk  of  the  town 
in  which  the  district  may  be;  and  in  counties  not  under  township 
organization,  they  shall  be  retained  by  one  of  the  judges  of  election, 
and  safely  kept  by  said  town  clerk  or  judge,  for  the  use  and  inspec- 
tion of  the  voters  of  such  district  until  the  next  general  election. 
Before  said  returns  are  sealed  up,  as  aforesaid,  the  judges  shall  com- 
pare said  tally  papers,  footings  and  certificates,  and  see  that  they  are 
correct  and  duplicates  of  each  other,  and  certify  to  the  correctness  of 
the  same:  Provided,  that  the  lists  of  voters  and  tally  papers  re- 
quired by  this  act  to  be  forwarded  to  the  Secretary  of  State,  shall  be 
transmitted  in  envelopes  furnished  to  the  various  county  clerks  by 
the  Secretary  of  State  for  that  purpose.  Said  envelopes  shall  bear 
the  name  and  address  of  the  Secretary  of  State,  printed  in  plain 
legible  type,  together  with  a  blank  form  printed  in  convenient  shape 
for  designating  the  county  and  voting  precinct  or  district  where  it  is 
to  be  used,  and  also  the  words  "poll  book  and  tally  list  only,"  and  the 
date  of  the  election  for  which  they  are  to  be  used.  Said  envelopes, 
printed  as  aforesaid,  shall  be  forwarded  by  the  Secretary  of  State  to 
the  various  county  clerks,  in  the  same  manner  in  which  registration 
books  are  now  sent,  and  in  ample  time  for  each  general  election.  And 
it  shall  be  the  duty  of  the  county  clerk  of  each  county,  upon  receipt 
of  said  envelopes,  to  properly  fill  out  the  blank  form  on  one  copy  of 
same  for  each  voting  precinct  or  district  in  his  county,  according  to 
the  list  of  precincts  forwarded  by  him  in  pursuance  of  law,  to  the 


52 

office  of  the  Secretary  of  State.  Said  county  clerks  shall  attach  to 
each  of  said  envelopes,  sufficient  stamps  to  fully  prepay  the  postage 
on  the  list  of  voters  and  tally  paper  which  it  is  to  contain.  Said 
envelopes,  properly  filled  out  and  stamped  as  aforesaid,  shall  be  dis- 
tributed by  the  various  county  clerks  to  the  election  officers  entitled 
to  receive  them,  together  with  their  regular  quota  of  other  election 
supplies. 

15.  Challengers.]  [§  64,  Ch.  46,  R.  S.]  The  judges  of  election 
shall  allow  at  least  one,  and  not  more  than  two  legal  voters  of  each 
party  to  the  contest,  to  be  chosen  by  the  parties  respectively,  to  be  in 
the  room  where  the  election  is  held,  to  act  as  challengers  of  voters  at 
such  election;  and  such  challengers  may  remain  with  the  board  of 
election  until  the  votes  are  all  canvassed  and  the  result  declared. 

Article  XI. 

CANVASSING    RETURNS. 

1.  Canvassing  Returns.  Abstracts.]  [§  71,  Ch.  46,  R.  S.] 
Within  seven  days  after  the  close  of  the  election  the  county  clerks  of 
the  respective  counties,  with  the  assistance  of  two  justices  of  the 
peace  of  the  county,  shall  open  the  returns  and  make  abstracts  of  the 
votes  in  the  following  manner,  as  the  case  may  require: 

Of  votes  for  Governor  and  Lieutenant  Governor,  on  one  sheet;  of 
votes  for  State  officers,  on  another  sheet;  of  votes  for  Presidential 
Electors,  on  another  sheet;  of  votes  for  Representatives  to  Congress, 
on  another  sheet;  of  votes  for  Judges  of  the  Supreme  Court,  on 
another  sheet ;  of  votes  for  Clerk  of  the  Supreme  Court,  on  another 
sheet;  of  votes  for  Judges  of  the  Circuit  Court,  on  another  sheet;  of 
votes  for  Senators  and  Representatives  to  the  General  Assembly,  on 
another  sheet;  of  votes  for  members  of  the  State  Board  of  Equaliza- 
tion, on  another  sheet;  of  votes  for  Trustees  of  the  University  of 
Illinois,  on  another  sheet;  of  votes  for  amendments  to  the  Constitu- 
tion, and  for  other  propositions  submitted  to  the  electors  of  the  entire 
State,  on  another  sheet;  of  votes  for  county  officers  and  for  proposi- 
tions submitted  to  the  electors  of  the  county  only,  on  another  sheet. 
The  foregoing  abstracts  shall  be  preserved  by  the  county  clerk  in  his 
office. 

2.  Certificate  of  Election.]  [§  72,  Ch.  46,  R.  S.]  The  county 
clerk  shall  make  out  a  certificate  of  election  to  each  of  the  persons 
having  the  highest  number  of  votes  for  the  several  county  officers, 
and  deliver  such  certificate  to  the  person  entitled  to  it,  on  his  appli- 
cation. 

3.  Tie  Vote.]  [§  73,  Ch.  46,  R.  S.]  When  two  or  more  persons 
receive  an  equal  and  the  highest  number  of  votes  for  an  office  to  be 
filled  by  the  county  alone,  the  county  clerk  shall  issue  a  notice  to 
such  persons  of  such  tie  vote,  and  require  them  to  appear  at  his  office, 
on  a  day  named  in  the  notice,  within  ten  days  from  the  day  of  elec- 
tion, and  determine  by  lot  which  of  them  is  to  be  declared  elected. 


53 

4.  Drawing  Lots— Certificates.]  [§  74,  Ch.  46,  R.  S.]  On  the 
day  appointed,  the  clerk  and  other  canvassers,  or  in  case  of  their  ab- 
sence, the  State's  attorney  or  sheriff,  shall  attend,  and  the  parties 
interested  shall  appear  and  determine  by  lot  which  of  them  is  to  be 
declared  elected;  and  the  clerk  shall  issue  his  certificate  of  election 
to  the  person  thus  declared  elected. 

5.  Abstracts  Sent  to  Secretary  of  State.]  [§  76,  Ch.  46, 
R.  S.J  Immediately  after  the  completion  of  the  abstracts  of  votes  the 
county  clerk  shall  make  two  correct  copies  of  the  abstracts  of  votes 
for  Governor,  Lieutenant  Governor,  Secretary  of  State,  Auditor  of 
Public  Accounts,  Treasurer,  Attorney  General  and  Superintendent  of 
Public  Instruction,  both  of  which  said  copies  he  shall  envelop  and 
seal  up,  and  endorse  upon  the  envelopes  in  substance,  "Abstracts  of 

votes  for  State  officers  from  — county,"  and  he  shall  address 

one  of  the  envelopes  containing  said  copies  of  abstracts  of  votes  for 
State  officers  to  "the  Speaker  of  the  House  of  Representatives,"  and 
the  other  he  shall  address  to  "the  Secretary  of  State."  The  county 
clerk  shall,  at  the  same  time,  envelop  and  seal  up  a  copy  of  each  of 
the  abstracts  of  votes  for  other  officers  and  amendments  to  the  Con- 
stitution and  other  propositions  voted  on,  and  endorse  the  same  so  as 
to  show  the  contents  of  the  package,  and  address  the  same  to  the  Sec- 
retary of  State.  The  several  packages  shall  then  be  placed  in  one 
envelope  and  addressed  to  the  Secretary  of  State. 

6.  How  Abstracts  Sent.]  [§  77,  Ch.  46,  R.  S.]  Such  abstracts 
shall  be  transmitted  to  the  Secretary  of  State  by  mail,  or,  in  case  it 
shall  be  necessary,  by  special  messenger. 

7.  Canvass  by  Secretary  of  State — Tie  Vote — Commission — 
Proclamation.]  [§  78,  Ch.  46,  R.  S.]  The  Secretary  of  State,  Au- 
ditor, Treasurer  and  Attorney  General,  or  any  two  of  them,  in  the 
presence  of  the  Governor,  shall  proceed  within  20  days  after  the  elec- 
tion, and  sooner  if  all  the  returns  are  received,  to  canvass  the  votes 
given  for  Representatives  to  Congress,  Judges  of  the  Supreme  Court, 
Clerk  of  the  Supreme  Court,  Judges  of  the  Circuit  Court,  Senators, 
Representatives  to  the  General  Assembly,  members  of  the  State 
Board  of  Equalization  and  Trustees  of  the  University  of  Illinois,  re- 
spectively, and  the  persons  having  the  highest  number  of  votes  for 
the  respective  offices  shall  be  declared  duly  elected;  but  if  it  appears 
that  more  than  the  number  of  persons  to  be  elected  have  the  highest 
and  equal  number  of  votes  for  the  same  office,  the  Secretary  of  State, 
in  the  presence  of  the  other  officers  and  the  Governor,  shall  decide  by 
lot  which  of  such  persons  shall  be  elected;  and  to  each  person  duly 
elected;  the  Governor  shall  give  a  certificate  of  election  or  commis- 
sion, as  the  case  may  require,  and  shall  cause  proclamation  to  be 
made  of  the  result  of  the  canvass,  and  they  shall  at  the  same  time  and 
in  the  same  manner  canvass  the  vote  cast  upon  amendments  to  the 
Constitution  and  upon  other  propositions  submitted  to  the  electors 
of  the  entire  State;  and  the  Governor  shall  cause  to  be  made  such 
proclamation  of  the  result  of  the  canvass  as  the  statutes  elsewhere 
provide. 


54 
Akticle  XII. 

CONTESTING  ELECTIONS. 

1.  When  Legislature  to  Hear.J  ["§  94,  Ch.  46,  R.  S.]  The 
General  Assembly,  in  joint  session,  shall  hear  and  determine  cases  of 
contested  elections  of  Governor  and  Lieutenant  Governor,  Secretary 
of  State,  Auditor  of  Public  Accounts,  Treasurer,  Superintendent  of 
Public  Instruction,  Trustees  of  the  University  of  Illinois  and  Attor- 
ney General.  The  meeting  of  the  two  Houses,  to  decide  upon  such 
election,  shall  be  held  in  the  hall  of  the  House  of  Representatives, 
and  the  Speaker  of  the  House  shall  preside. 

2.  Senators  and  Representatives.]  [§  95,  Ch.  46,  R.  S.]  The 
Senate  and  House  of  Representatives  shall  severally  hear  and  deter- 
mine contests  of  election  of  their  respective  members. 

3.  By  Circuit  Court.]  [§  96,  Ch.  46.  R.  S.]  The  circuit  court 
shall  hear  and  determine  contests  of  the  election  of  Judges  of  the 
Supreme  Court,  clerks  of  the  Supreme  Court,  judges  of  the  circuit 
court,  judges  of  the  Superior  Court  of  Cook  county,  and  members  of 
the  State  Board  of  Equalization,  but  no  judge  of  the  circuit  court 
shall  sit  upon  the  hearing  of  any  case  in  which  he  is  a  party. 

4.  By  Circuit  and  Superior  Courts.]  [§  97,  Ch.  46,  R.  S.]  The 
circuit  courts  in  the  respective  counties,  and  in  Cook  county  the 
Superior  Court  also,  may  have  ("hear]  and  determine  contests  of  the 
election  of  judges  of  the  county  courts,  mayors  of  cities,  presidents 
of  county  boards,  presidents  of  villages,  in  reference  to  the  removal 
of  county  seats  and  in  reference  to  any  other  subject  which  may  be 
submitted  to  the  vote  of  the  people  of  the  county,  and  concurrent 
jurisdiction  with  the  county  court  in  all  cases  mentioned  in  section 
ninety-eight  (98). 

5.  By  County  Court.]  [§  98,  Ch.  46,  R.  S.]  The  county  court 
shall  hear  and  determine  contests  of  election  of  all  other  county, 
town  and  precinct  officers,  and  all  other  officers  for  the  contesting  of 
whose  election  no  provision  is  made. 

6.  Election  of  State  Officers — Petition  of  Contestant.] 
[§  99,  Ch.  46,  R.  S.]  When  any  elector  shall  desire  to  contest  the 
election  of  Governor,  Lieutenant  Governor,  Secretary  of  State, 
Auditor  of  Public  Accounts,  Treasurer,  Superintendent  of  Public  In- 
struction or  Attorney  General,  he  shall,  within  ten  days  after  the  re- 
sult of  the  election  shall  have  been  determined,  present  a  petition  to 
the  General  Assembly,  setting  forth  the  points  on  which  he  will  con- 
test such  election  and  praying  for  leave  to  produce  his  proof. 

7.  Joint  Committee  to  Take  Testimony.]  [§  100,  Ch.  46,  R.  S.j 
The  General  Assembly  shall  appoint  a  joint  committee  to  take  the 
testimony  on  the  part  of  the  petitioner,  and  the  person  whose  place 
is  contested. 

8.  Powers  of  Joint  Committee.]  [§  101,  Ch.  46,  R.  S.]  The 
committee  so  appointed  shall  have  power  to  send  for  witnesses,  and 
compel  the  attendance  of  witnesses  and  the  production  of  papers, 
issue  commissions  under  the  hand  of  its  chairman  to  any  officer  ar- 


55 

thorized  to  take  depositions  in  other  cases,  to  take  the  depositions  o 
witnesses  npon  the  points  set  forth  in  the  petition,  at  such  time  and 
place  as  the  commission  shall  direct. 

9.  Notice.]  [§  102,  Ch.  46,  R.  S.]  Reasonable  notice  shall  be 
given  by  the  party  in  whose  favor  the  deposition  is  to  be  taken,  to 
the  opposite  party,  of  the  time  and  place  of  taking  the  same. 

10.  Testimony.]  [§  103,  Ch.  46,  R.  S.]  No  testimony  shall  be 
taken  except  upon  the  points  set  forth  in  the  petition. 

11.  [Report  of  Committee — Hearing — Decision.]  [§  104,  Ch. 
46.  R.  S.]  The  committee  shall  report  the  facts  to  the  House,  and  a 
d,ay  shall  be  fixed  by  a  joint  resolution  for  the  meeting  of  the  two 
houses  to  decide  upon  the  same,  in  which  decision  the  yeas  and  nays 
shall  be  taken  and  entered  upon  the  journal. 

12.  [Who  May  Contest  Senator  or  Representative.]  [§  105, 
Ch.  46,  R.  S.]  The  election  of  any  member  declared  duly  elected  to 
a  seat  in  the  Senate  or  House  of  Representatives  of  the  General  As- 
sembly may  be  contested  by  any  qualified  voter  of  the  county  or  dis- 
trict to  be  represented  by  such  Senator  or  Representative. 

13.  Notice  of  Contest.]  [§  106,  Ch.  46,  R.  S.]  The  contestant 
shall,  within  30  days  after  the  result  of  the  election  shall  have  been 
determined,  serve  on  the  person  whose  election  he  will  contest,  a 
notice  of  his  intention  to  contest  such  election,  expressing  the  points 
on  which  the  same  will  be  contested;  and  shall,  also,  on  or  before  the 
next  session  of  the  General  Assembly,  deliver  a  copy  of  such  notice 
to  the  Secretary  of  State.  In  case  the  person  whose  election  is  con- 
tested is  absent,  or  can  not  be  found,  service  may  be  had  by  leaving 
a  copy  of  such  notice  at  his  usual  place  of  residence. 

14.  Testimony— How  Taken.]  [§  107,  Ch.  46,  R.  S.]  Whenever 
a  notice  shall  have  been  given  of  intention  to  contest  an  election,  as 
provided  in  the  preceding  section,  either  party  may  proceed  to  take 
testimony  of  any  witness  before  any  judge,  justice  of  the  peace,  clerk 
of  a  court,  master  in  chancery  or  notary  public,  on  giving  to  the  ad- 
verse party,  or  his  attorney,  ten  days'  notice  of  the  time  and  place  of 
taking  the  same,  and  one  day  in  addition  thereto  (Sunday  inclusive) 
for  every  fifty  miles'  travel  from  the  place  of  residence  of  such  party 
to  the  place  where  such  deposition  is  to  be  taken.  If  the  party  en- 
titled to  notice  resides  in  the  county  where  the  deposition  is  to  be 
taken,  five  days'  notice  shall  be  sufficient. 

15.  Power  of  Officer  Taking  Testimony.]  [§  108,  Ch.  46,  R.  S.] 
The  officer  before  whom  depositions  are  taken  shall  have  power  to 
compel  the  production  of  papers  and  the  attendance  of  witnesses; 
and  the  same  proceedings  may  be  had  to  compel  the  attendance  of 
witnesses  as  are  provided  in  the  case  of  taking  depositions  to  be  used 
in  courts  of  law  and  equity. 

16.  Depositions,  Etc.,  to  be  Sent  to  Secretary  of  State. J 
[§  109,  Ch.  46,  R.  S.]  A  copy  of  the  notice  to  take  depositions,  with 
proof  of  the  service  thereof,  with  the  deposition,  shall  be  sealed  up 


56 

and  transmitted  by  mail  or  otherwise,  to  the  Secretary  of  State,  with 
an  indorsement  thereon,  showing  the  names  of  the  contesting  parties, 
the  office  contested,  and  the  nature  of  the  papers. 

17.  Delivery  of  Notice  of  Contest,  Etc, — Duty  of  Presiding 
Officer.]  [  §110,  Ch.  46,  R.  S.j  The  Secretary  of  State  shall  de- 
liver the  copy  of  the  notice  deposited  with  him  by  the  contestant 
and  the  depositions  unopened  to  the  presiding  officer  of  the  branch 
of  the  General  Assembly  to  which  the  contest  relates  on  or  before 
the  second  day  of  the  session  next  after  the  receipt  of  the  same ;  and 
the  presiding  officer  shall  immediately  give  notice  to  his  house  that 
such  papers  are  in  his  possession. 

18.  Rights  of  Either  House  Saved.]  [§  111,  Ch.  46,  R.  S.] 
Nothing  herein  contained  shall  be  construed  to  abridge  the  right  of 
either  branch  of  the  General  Assembly  to  grant  commissions  to  take 
•depositions,  or  to  send  for  and  examine  any  witness  it  may  desire  to 
hear  on  such  trial. 

19.  Who  May  Contest  Election  of  Other  Officers.]  [§  112- 
Ch.  46,  R.  S.]  The  election  of  any  person  declared  elected  to  any 
office,  other  than  Governor.  Lieutenant  Governor,  Secretary  of  State, 
Auditor  of  Public  Accounts,  Treasurer,  Superintendent  of  Public 
Instruction.  Attorney  General,  Senator  or  Representative,  may  be 
contested  by  an  elector  of  the  State,  judicial  division,  district, 
county,  town  or  precinct  in  and  for  which  the  person  is  declared 
elected. 

20.  Contestant  to  File  Statement,  Etc.]  [§  113,  Ch.  46.  R.  S.] 
The  person  desiring  to  contest  such  election  shall,  within  30  days 
after  the  person  whose  election  is  contested  is  declared  elected,  file 
with  the  clerk  of  the  proper  court  a  statement,  in  writing,  setting 
forth  the  points  on  which  he  will  contest  the  election,  which  state- 
ment shall  be  verified  by  affidavit  in  the  same  manner  as  bills  in 
chancery  may  be  verified. 

p.  Summons.]  [  §  114,  Ch.  46,  R.  S.]  Upon  the  filing  of  such 
statement,  summons  shall  issue  against  the  person  whose  office  is 
contested,  and  he  may  be  served  with  process,  or  notified  to  appear, 
in  the  same  manner  as  is  provided  in  cases  in  chancery. 

22.  Evidence.]  [§  115,  Ch.  46,  R.  S.]  Evidence  may  be  taken 
in  the  same  manner  and  upon  like  notices  as  in  cases  in  chancery. 

23..  Trial.]  [§  116,  Ch.  46,  R.  S.]  The  case  shall  be  tried  in 
like  manner  as  cases  in  chancery,  and  may  be  heard  and  determined 
i  by  the  court  in  term  time,  or  by  the  judge  in  vacation,  at  any  time 
not  less  than  ten  (10)  days  after  service  of  process,  or  at  any  time 
after  the  defendant  is  required  by  notification  to  appear,  and  shall 
have  preference  in  the  order  of  hearing  to  all  other  cases.  The  court, 
in  term  time,  or  the  judge,  in  vacation,  may  make  and  enforce  all 
necessary  orders  for  the  preservation  and  production  of  the  ballots, 
poll  books,  tally  papers,  returns,  registers  and  other  papers  or  evi- 
dence that  may  bear  upon  the  contest. 


57 

24.  Other  Elections  Contested.]  [  §  117,  Ch.  46,  R.  S.]  Any 
five  electors  of  the  county  may  contest  an  election  upon  any  subject 
which  may  by  law  be  submitted  to  a  vote  of  the  people  of  the  county 
upon  filing  in  the  circuit  court,  within  30  days  after  the  result  of  the 
election  shall  have  been  determined,  a  written  statement  in  like  form 
as  in  other  cases  of  contested  elections  in  the  circuit  court.  The 
county  shall  be  made  defendant,  and  process  shall  be  served  as  in 
suits  against  the  county,  and  like  proceedings  shall  be  had  as  in 
other  cases  of  contested  elections  before  such  court. 

25.  When  Elector  May  Defend  for  County.]  [  §  118,  Ch.  46, 
R.  S.]  In  case  the  county  board  shall  fail  or  refuse  properly  to  de- 
fend such  contest,  the  court  shall  allow  any  one  or  more  electors  of 
the  county  to  appear  and  defend,  in  which  case  the  electors  so  de- 
fending shall  be  liable  for  the  costs,  in  case  the  judgment  of  the 
court  shall  be  in  favor  of  the  contestants. 

26.  Judgment.]  [§119,  Ch.  46,  R.  S.]  The  judgment  of  the 
court,  in  cases  of  contested  elections,  shall  confirm  or  annul  the  elec- 
tion, according  to  the  right  of  the  matter;  or,  in  case  the  contest  is  in 
relation  to  the  election  of  some  person  to  an  office,  shall  declare  as 
elected  the  person  who  shall  appear  to  be  duly  elected. 

27.  Tie.]  [§  120,  Ch.  46,  R  S.l  If  it  appears  that  two  or  more 
persons  have,  or  would  have  had,  if  the  legal  ballots  cast,  or  intended 
to  be  cast  for  them  had  been  counted,  the  highest,  and  an  equal 
number  of  votes  for  the  same  office,  the  persons  receiving  such  vote 
shall  decide  by  lot,  in  such  manner  as  the  court  shall  direct,  which 
of  them  shall  be  declared  duly  elected;  and  the  judgment  shall  be 
entered  accordingly. 

28.  Certified  Copy  of  Judgment.]  [  §  121,  Ch.  46,  R.  S.]  A 
certified  copy  of  the  judgment  of  the  court  shall  have  the  same  effect 
as  to  the  result  of  the  election,  as  if  it  had  been  so  declared  by  the 
canvassers. 

29.  When  Election  Adjudged  Void.]  [  §  122,  Ch.  46,  R.  S/ 
When  the  person  whose  election  is  contested  is  found  to  have  receivec 
the  highest  number  of  legal  votes,  but  the  election  is  declared  nul 
by  reason  of  legal  disqualification  on  his  part,  or  for  other  causes, 
the  person  receiving  the  next  highest  number  of  votes  shall  not  be 
declared  elected,  but  the  election  shall  be  declared  void. 

30.  Appeal.]  [§  123,  Ch.  46,  R.  S.]  In  all  cases  of  contested 
elections  in  the  circuit  courts  or  county  courts,  appeals  may  be  taken 
to  the  Supreme  Court  in  the  same  manner,  and  upon  like  conditions 
as  is  provided  by  law  for  taking  appeals  in  cases  in  chancery  from 
the  circuit  courts. 

31.  Ballots  to  be  Opened.]  [§§  60  and  314,  Ch.  46,  R.  S.]  In 
all  cases  of  contested  elections,  the  parties  contesting  the  same  shall 
have  the  right  to  have  the  package  of  ballots  cast  at  such  election 
opened,  and  to  have  all  errors  of  the  judges  in  counting  or  refusing 
to  count  any  ballot,  corrected  by  the  court  or  body  trying  such  con- 
test; but  such  ballots  shall  be  opened  only  in  open  court,  or  in  open 
session  of  such  body,  and  in  the  presence  of  the  officer  having  the 
custody  thereof. 


58 
Akticle  XIII. 

OFFENSES   AND    PENALTIES. 

1.  Liquor.]  [§  79,  Ch.  46,  R.  S.]  No  spirituous,  malt,  vinous 
or  intoxicating  liquor  shall  be  sold  or  given  away  at  retail,  nor  shall 
any  saloon  or  barroom  or  place  where  such  liquor  is  so  sold  or  given 
away,  be  open  upon  any  general  or  special  election  day  within  one 
mile  of  the  place  of  holding  an  election.  Whoever  violates  the  pro- 
visions of  this  section  shall  be  fined  in  a  sum  not  less  than  $25.00  nor 
more  than  $100.00.  It  shall  be  the  duty  of  the  sheriff,  coroner,  con- 
stables and  other  officers  of  the  county,  and  magistrates,  to  see  that 
the  provisions  of  this  section  are  enforced. 

2.  False  Swearing.]  [§  80,  Ch.  46,  R.  S.]  If  any  person  whose 
vote  is  challenged,  or  any  witnessjsworn  under  the  provisions  of  this 
act.  shall  knowingly,  wilfully  and  corruptly  swear  falsely,  he  shall  be 
deemed  guilty  of  perjury,  and  on  conviction  thereof  shall  be  punished 
accordingly. 

3.  Registry.]  [Part  §  142,  Ch.  46,  R.  S.]  Any  person  who  shall 
wilfully  make  to  any  board  of  registry,  any  false  statement  in  rela- 
tion to  his  location,  residence  or  qualification  to  vote,  or  to  be  regis- 
tered at  any  election,  or  in  any  election  precinct  or  district,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall,  upon  conviction,  be  pun- 
ished with  a  fine  of  $50.00.  or  by  imprisonment  in  the  county  jail  for 
a  period  of  ten  days,  or  by  both  such  fine  and  imprisonment. 

4.  Fraudulent  Registration — False  Swearing,  Etc.]  [Part 
§  147,  Ch.  46.  R.  S.]  Any  person  who  shall  cause  his  name  to  be 
registered  in  more  than  one  election  district,  or  who  shall  cause  his 
name  to  be  registered,  knowing  that  he  is  not  a  qualified  voter  in 
the  district  where  such  registry  is  made,  or  who  shall  falsely  per- 
sonate any  registered  voter,  and  any  person  causing,  aiding  or  abet- 
ing  any  person,  in  any  manner,  in  either  of  said  acts,  shall  be  pun- 
ished, for  each  and  every  offense,  by  imprisonment  in  the  State 
prison  for  not  less  than  one  year.  All  intentional  false  swearing  be- 
fore said  board  of  registration  shall  be  deemed  wilful  and  corrupt 
perjury,  and,  on  conviction,  punished  as  such. 

5.  Illegal  Voting.]  [§  81,  Ch.  46,  R.  S.]  Whoever  unlawfully 
votes  more  than  once  at  any  election,  or  offers  to  vote  after  having 
once  voted  at  such  election,  or  knowing  that  he  is  not  a  qualified 
voter  at  an  election,  wilfully  votes  at  such  election,  shall,  on  convic- 
tion thereof,  be  fined  in  a  sum  not  exceeding  $1,000.  or  imprisonment 
in  the  county  jail  not  exceeding  one  year,  or  both,  in  the  discretion  of 
the  court, 

6.  Other  Offenses.]  [§  82,  Ch.  49.  R.  S.]  Whoever  wilfully 
aids  or  abets  any  one  not  legally  qualified  to  vote  at  an  election  in 
voting  or  attempting  to  vote  at  such  election:  or 

Second — Furnishes  an  elector  with  a  ticket  or  ballot,  informing 
him  that  it  contains  a  name  different  from  that  which  appears  there- 
on, with  intent  to  induce  him  to  vote  contrary  to  his  inclination;  or 


59 

Third — Changes  a  ballot  of  an  elector  with  intent  to  deprive  such 
elector  of  voting  for  swch  person  as  he  intended;  or 

Fourth — By  unlawful  means  prevents,  or  attempts  to  prevent,  any 
voter  from  attending  or  voting  at  an  election;  or 

Fifth — Gives,  or  offers  to  give  any  valuable  thing  or  bribe  to  any 
judge  or  clerk  of  election,  as  a  consideration  for  some  act  to  be  done,, 
or  omitted  to  be  done,  contrary  to  his  official  duty  in  relation  to  such 
election,  shall,  on  conviction  thereof,  be  fined  in  a  sum  not  exceeding 
$1,000,  or  imprisoned  in  the  county  jail  not  exceeding  one  year,  or 
both  in  the  discretion  of  the  court.  And  any  judge  or  clerk  who  shall 
receive,  request  or  demand  any  bribe  or  reward  forbidden  by  this  act 
shall,  upon  conviction,  be  liable  to  the  same  penalties  as  are  pre- 
scribed in  this  article  for  the  giving,  or  offering  to  give,  such  bribe  or 
reward. 

7.  Receiving,  Requesting,  Etc.,  Bribes,  Etc. — Upon  Second 
Offense.]  [§  83,  Ch.  46,  R.  S.]  Any  person  who  shall  solicit,  request, 
demand  or  receive,  directly  or  indirectly,  any  money,  intoxicating, 
liquor  or  other  thing  of  value,  or  the  promise  thereof,  either  to 
influence  his  vote,  or  to  be  used,  or  under  the  pretense  of  being  used, 
to  procure  the  vote  of  any  other  person  or  persons,  or  to  be  used 
at  any  poll  or  other  place  prior  to  or  on  the  day  of  an  election  for 
or  against  any  candidate  for  office,  or  for  or  against  any  measure  or 
question  to  be  voted  upon  at  such  election,  shall  be  deemed  guilty 
of  the  infamous  crime  of  bribery  in  elections  and  upon  conviction 
thereof  in  any  court  of  record,  shall  be  sentenced  to  disfranchisement 
by  the  judge  of  such  court  for  a  term  of  not  less  than  five  nor  more 
than  fifteen  years,  and  to  the  countyr  jail  not  less  than  three  months 
nor  more  than  one  year,  and  to  pay  the  costs  of  prosecution  and 
stand  committed  to  the  county  jail  until  such  costs  shall  be  fully 
paid.  That  for  a  conviction  of  a  second  offense  under  this  section,, 
the  first  being  alleged  and  proven,  such  second  offender  shall  be  by 
the  sentence  of  the  court,  forever  thereafter  disfranchised  and  deprived 
of  the  right  to  vote  at  any  election  in  this  State,  and  be  imprisoned 
in  the  county  jail  not  less  than  one  year,  and  be  committed  to  jail  in 
default  of  payment  of  costs  of  prosecution  until  such  costs  are  fully 
paid.  Prosecution  may  be  had  under  this  section  by  indictment  in 
the  circuit  court,  or  by  information  in  the  county  courts,  and  the  ef- 
fect of  a  sentence  of  disfranchisement  in  either  of  said  courts,  both 
having  jurisdiction  of  offenses  hereunder,  shall  be  to  deprive  such 
persons  sentenced  of  the  right  to  vote  at  any  general  or  special  elec- 
tion or  town  meeting,  within  this  State  for  the  period  of  time  fixed 
by  the  court  where  such  person  shall  be  convicted  under  thib  section. 
Any  candidate  or  other  person  paying,  furnishing  or  promising  to- 
pay  or  furnish,  or  bribing  such  person  with  money,  intoxicating 
liquor  or  other  thing  of  value,  or  the  promise  thereof,  shall  not  be 
liable  to  punishment  therefor,  but  shall  be  a  competent  witness  and 
compelled  to  testify  in  prosecutions  under  this  section.  Solicitation 
by  any  person  of  a  loan  of  money,  or  the  purchase  of  anything  of 
value,  or  of  liquor  by  the  drink  or  treat  to  influence  or  effect  his  vote,, 
or  any  other  subterfuge,  shall  be  deemed  a  violation  hereof. 


60 

8.  Persons  Disfranchised.]  [Last  part  §  83,  Cli.  46,  K.  S.]  Any 
person  who  shall  have  been  legally  convicted  and  disfranchised  by  a 
oourt  of  competent  jurisdiction  who  shall,  before  the  expiration  of  his 
term  of  disfranchisement,  vote  or  offer  to  vote,  at  any  general  or 
special  election  or  town  meeting,  shall,  upon  indictment  and  convic- 
tion thereof  in  a  court  of  competent  jurisdiction,  be  confined  in  the 
penetentiary  for  a  term  of  years  not  less  than  one  nor  more  than  ten. 

9.  Disorderly  Conduct.]  [§  84,  Ch.  46,  R.  S.j  Whoever  is  dis- 
orderly at  any  election  shall  forfeit  a  sum  not  exceeding  $25. 

10.  Betting  on  Election.]  [§  85,  Ch.  46,  R.  S.]  Whoever 
bets  or  wagers  any  money,  property  or  other  valuable  thing  upon 
the  result  of  an  election  which  may  be  held  under  the  Constitution 
or  laws  of  this  State,  or  bets  or  wagers  money,  property  or  other 
valuable  thing  upon  the  number  of  votes  which  may  be  given  to  any 
person  at  an  election,  or  upon  who  will  receive  the  greatest  number 
of  votes  at  an  election,  or  agrees  to  pay  any  other  person  any  money, 
property  or  other  valuable  thing  in  the  event  that  an  election  shall 
result  in  one  way,  or  in  the  event  that  any  person  shall  or  shall  not 
be  elected,  or  shall  receive  a  greater  number  of  votes  than  others, 
upon  conviction  thereof  he  shall  be  fined  in  a  sum  not  exceeding 
$1,000,  or  imprisoned  in  the  county  jail  not  exceeding  one  year,  or 
both,  in  the  discretion  of  the  court. 

11.  Absence  for  Voting  Purposes — Employer  Preventing, 
Penalty.]  [Part  §  312,  Ch.  46,  R.  S.]  Any  person  or  corporation 
who  shall  refuse  to  an  employe  the  privilege  of  absenting  himself 
two  hours  from  service  or  employment  for  the  purpose  of  voting,  as 
provided  in  this  act,  or  shall  subject  an  employe  to  a  penalty  or  de- 
duction of  wages  because  of  the  exercise  of  such  privilege,  or  who 
shall  directly  or  indirectly  violate  the  provisions  of  this  section,  shall 
be  deemed  guilty  of  a  misdemeanor  and  be  fined  in  any  sum  not  less 
than  $5  or  more  than  $100. 

12.  Carrying  Away,  Defacing,  Etc.,  Poll  Books,  Etc.  |  [§  93, 
Ch.  46,  R.  S.]  Whoever  shall,  wilfully  and  wrongfully,  take  or  carry 
away  from  the  place  where  it  has  been  deposited  for  safe  keeping,  or 
deface,  mutilate  or  change  any  poll  book,  ballot  or  tally  list,  or  any 
name  or  figure  therein,  shall,  on  conviction,  be  fined  in  a  sum  not 
exceeding  $1,000.00,  or  imprisoned  in  the  county  jail  not  exceeding 
one  year,  or  both,  in  the  discretion  of  the  court. 

13.  Destroying  Posted  Lists,  Etc. — Penalty.]  [§§  136  and 
317,  Ch.  46,  R.  S.]  Any  person  who  shall,  prior  to  an  election,  wil- 
fully take  down  or  destroy  any  list  of  voters  posted  by  any  board  of 
registration,  or  any  list  of  candidates  posted  in  accordance  with  the 
provisions  of  this  act,  or  who.  during  an  election,  shall  wilfully  de- 
face, tear  down,  remove  or  destroy  any  card  of  instructions  or  speci- 
men ballots  printed  and  posted  for  the  instruction  of  voters,  or  who 
shall,  during  an  election,  wilfully  remove  or  destroy  any  of  the  sup- 
plies or  conveniences  furnished  to  enable  voters  to  prepare  their 
ballots,  or  shall  wilfully  hinder  the  voting  of  others,  shall  be  pun- 
ished by  a  fine  of  not  less  than  $10.00  nor  more  than  $100.00. 


61 

14.  Destroying,  Etc.,  Certificate  of  Nomination — Spurious 
Ballots,  Etc. — Penalty.]  [§  318,  Ch.  46,  R.  S.]  Any  person  who 
shall  falsely  make  or  wilfully  destroy  any  certificate  of  nomination  or 
nomination  papers,  or  any  part  thereof;  or  any  letter  of  withdrawal, 
or  file  any  certificate  of  nomination  or  nomination  papers,  knowing 
the  same  or  any  part  thereof  to  be  falsely  made,  or  suppress  any 
certificate  of  nomination  or  nomination  papers,  or  any  part  thereof, 
which  has  been  duly  tiled,  or  forge  or  falsely  make  the  official  en- 
dorsement on  any  ballot,  or  shall  take  from  the  polling  place  any 
official  ballot  or  substitute  therefor  any  spurious  or  counterfeit 
ballot,  or  make,  use,  circulate,  or  cause  to  be  made  or  circulated  as  an 
official  ballot  any  paper  printed  in  imitation  or  resemblance  thereof, 
or  wilfully  destroy  or  deface  any  ballot,  or  wilfully  delay  the  delivery 
of  any  ballots,  shall  be  punished  by  a  fine  not  less  than  $100.00  and 
not  exceeding  $1,000.00,  or  by  imprisonment  in  the  penitentiary  not 
less  than  one  year  and  not  exceeding  five  years,  Or  both  such  fine  and 
imprisonment. 

15.  Electioneering  at  Polls  Prohibited — Penalty.]  [§  815, 
Ch.  46,  R.  S.]  No  person  whatever  shall  do  any  electioneering  or 
soliciting  of  votes  on  election  day  within  any  polling  place  or  within 
100  feet  of  any  polling  place;  no  person  shall  interrupt,  hinder  or 
oppose  any  voter  while  approaching  the  polling  place  for  the  purpose 
of  voting.  Whoever  shall  violate  the  provisions  of  this  section  shall 
be  punished  by  a  fine  of  not  less  than  $25.00  nor  more  than  $100.00 
for  each  and  every  offense;  and  it  shall  be  the  duty  of  the  judges  of 
election  to  enforce  the  provisions  of  this  section. 

16.  Unlawful  Exhibition  of  Ballot — False  Statement — Pen- 
alty.] [§  316,  Ch.  46,  R.  S.]  Any  voter  who  shall,  except  as  herein 
otherwise  provided,  allow  his  ballot  to  be  seen  by  any  person  with  an 
apparent  intention  of  letting  it  be  known  how  he  is  about  to  vote,  or 
who  shall  make  a  false  statement  as  to  his  inability  to  mark  his  ballot, 
or  any  person  who  shall  interfere,  or  attempt  to  interfere,  with  any 
voter  when  inside  said  enclosed  space,  or  when  marking  his  ballot,  or 
who  shall  endeavor  to  induce  any  voter  before  voting  to  show  how  he 
marks  or  has  marked  his  ballot,  shall  be  punished  by  a  fine  of  not 
less  than  five  dollars  nor  more  than  one  hundred  dollars,  and  it  shall 
be  the  duty  of  the  election  judges  to  enforce  the  provisions  of  this 
section. 

17.  When  Other  Person  Ascertains  or  Discloses  Vote.] 
[§  88,  Ch.  46,  R.  S.]  If  any  person  shall  wilfully  or  corruptly  ascer- 
tain or  publish  or  reveal  how  any  elector  voted  at  an  election,  he 
shall,  on  conviction  thereof,  be  fined  in  any  sum  not  exceeding  $3,000, 
or  imprisoned  in  the  county  jail  not  exceeding  one  year,  or  both,  in 
the  discretion  of  the  court. 

BY   ELECTION   OFFICERS. 

18.  Offenses  of  Judge  of  Election.]  [§  86.  Ch.  46,  R.  S.]  If 
any  judge  of  any  election  shall  permit  a  person  to  vote,  whose  vote  is 
challenged,  without  the  proof  required  in  this  act;  or 

Second — Shall  knowingly  and  wilfully  permit  a  person  to  testify 
as  a  witness  contrary  to  the  provisions  of  this  act;  or 


62 

Third — Shall  knowingly  permit  a  person  to  vote  who  is  not  quali- 
fied according  to  law;  or 

Fourth — Shall  knowingly  receive  and  count  more  than  one  vote 
from  the  same  person  at  the  same  election  for  the  same  office,  except 
■as  allowed  by  law;  or 

Fifth — Shall  refuse  to  receive  the  vote  of  a  qualified  elector  at  such 
•election  who  will  make  the  affidavit  and  proof  required  by  this  act ;  or 

Sixth — Shall  be  guilty  of  any  fraud,  corruption,  partiality  or  mani- 
fest misbehavior;  or 

Seventh — Shall  open  or  unfold  any  ballot  when  the  same  is  pre- 
sented to  be  deposited  in  the  ballot  box ;  or 

Eighth — Shall  wilfully  neglect  to  perform  any  of  the  duties  re- 
quired of  him  by  this  act,  shall,  on  conviction  thereof,  be  fined  in  a 
sum  not  exceeding  $1,000,  or  imprisoned  in  the  county  jail  not  ex- 
ceeding one  year,  or  both,  in  the  discretion  of  the  court. 

19.  When  Judge  or  Clerk  Ascertains  or  Discloses  Vote.] 
[§  87,  Ch.  46,  R.  S.]  If  any  judge  or  clerk  of  election  shall  wilfully 
or  corruptly  ascertain,  or -shall  allow  any  other  person  to  ascertain,  or 
shall  wilfully  publish  or  reveal  how  any  elector  voted  at  an  election, 
he  shall,  on  conviction  thereof,  be  fined  in  any  sum  not  exceeding 
$1,000,  or  imprisoned  in  the  county  jail  not  exceeding  one  year,  or 
both,  in  the  discretion  of  the  court. 

20.  Neglect  of  Duty  by  Clerk.]  [§  89,  Ch.  46,  R.  S.]  If  any 
clerk  of  an  election  shall  wilfully  neglect  to  perform  any  duty  re- 
quired of  him  as  clerk  of  election,  or  shall  be  guilty  of  fraud,  corrup- 
tion or  misbehavior  as  such  clerk,  he  shall,  on  conviction,  be  fined  in 
■a  sum  not  exceeding  $500,  or  imprisoned  in  the  county  jail  not  ex- 
ceeding six  months,  or  both,  in  the  discretion  of  the  court. 

21.  Failure  to  Deliver  Poll  Books,  Etc.]  [§  90,  Ch.  46,  R.  S.] 
If  any  judge,  clerk  or  messenger,  after  having  been  deputed  by  the 
judges  of  election  to  carry  the  poll  books,  tally  list,  and  votes  of  such 
election  to  the  place  where,  by  law,  they  are  required  to  be  canvassed, 
wilfully  or  negligently  fails  to  deliver  such  poll  books,  tally  list  or 
ballots  within  the  time  prescribed  by  law,  with  the  seal  unbroken,  he 
shall,  upon  conviction,  be  fined  in  a  sum  not  exceeding  $500,  or  im- 
prisoned in  the  county  jail  not  exceeding  six  months,  or  both,  in 
the  discretion  of  the  court. 

22.  Neglect  by  County  Clerk.]  [§  91,  Ch.  46,  R.  S.]  If  the 
county  clerk  wilfully  neglects  or  refuses  to  perform  any  duty  required 
of  him  by  this  act,  he  shall,  upon  conviction,  be  fined  in  a  sum  not 
exceeding  $500,  and  shall  be  liable  to  the  person  injured  by  reason 
of  such  neglect  or  refusal,  in  an  amount  not  exceeding  $500,  to  be 
recovered  in  an  action  on  the  case. 

23.  Fraud  in  Canvassing.]  [§  92,  Ch.  46,  R.  S.]  If  any  county 
clerk  or  justice  of  the  peace  shalJ  be  guilty  of  any  fraud,  corruption 
or  misbehavior,  in  canvassing  the  votes  or  making  any  abstract  of 
votes  or  issuing  any  certificate  of  election,  he  shall,  on  conviction, 
be  fined  in  any  sum  not  exceeding  $500,  or  imprisoned  in  the  county 
jail  not  exceeding  one  year,  or  both,  in  the  discretion  of  the  court. 


m 

24.  Refusal  of  Supervisor,  Etc.,  to  Act — Penalty.]  [§  93J, 
Ch  46,  R.  S.]  If  any  supervisor,  county  commissioner,  or  member 
of  any  county  board,  shall  wilfully  refuse,  neglect  or  fail  to  do  any 
act,  or  perform  any  duty  required  of  him  by  the  election  laws  of  this 
State,  he  shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  con- 
viction fined  not  exceeding  $500,  or  imprisoned  in  the  county  jail 
not  exceeding  six  months,  or  both,  in  the  discretion  of  the  court. 

25.  Neglect  of  Officer  to  Perform  Duties.]  [§  319,  Ch.  46, 
R.  S.]  Any  public  officer  upon  whom  a  duty  is  imposed  by  this  act 
[June  22,  1891],  who  shall  wilfully  neglect  to  perform  such  duty,  or 
who  shall  wilfully  perform  it  in  such  way  as  to  hinder  the  object  of 
this  act,  shall  be  punished  by  a  fine  of  not  less  than  $5.00  nor  more 
than  $1,000.00,  or  by  imprisonment  in  the  penitentiary  for  not  less 
than  one  year,  and  not  exceeding  five  years,  or  by  both  such  fine  and 
imprisonment. 

26.  Penalty  for  Misconduct  of  Board  of  Registration.]  [§ 
147,  Ch.  46,  R.  S.]  If  any  member  or  officer  of  any  board  of  regis- 
tration shall  wilfully  violate  any  of  the  provisions  of  this  act  [July 
15,  1865],  or  be  guilty  of  any  fraud  in  the  execution  of  the  duties  of 
office,  he  shall  be  punished  for  each  and  every  offense  by  imprison- 
ment in  the  State  prison  for  not  less  than  one  year, 

27.  Repeal.]  [§  322,  Ch.  46,  R.  S.]  This  act  shall  not  repeal 
an  act  entitled,  "An  act  regulating  the  holding  of  elections  and  de- 
claring the  results  thereof  in  cities,  villages  and  incorporated  towns," 
approved  June  19,  1885,  or  any  of  the  amendments  thereto;  but  all 
elections  in  cities,  villages  and  incorporated  towns  which  may  have 
heretofore  adopted  or  which  may  hereafter  adopt  the  said  act,  shall 
be  held  in  accordance  with  the  provisions  thereof.  Except  as  to  the 
manner  of  making  nominations  for  office,  the  manner  of  providing 
printing  and  distributing  ballots,  the  form  of  ballot,  the  arrangement 
and  the  furnishing  of  polling  places  and  voting  booths,  and  the  man- 
ner of  voting  and  the  numbering  and  preserving  the  ballots,  all  of 
which  shall  be  in  conformity  with  the  provisions  of  this  act.  No 
penalty  provided  for  a  violation  of  any  of  the  provisions  of  this  act 
shall  be  construed  as  a  substitute  for,  or  a  repeal  of  any  penalty  pro- 
vided in  the  aforesaid  act  of  June  19,  1885,  for  a  violation  of  any  of 
the  provisions  of  said  act. 

Article  XIV. 

RESIGNATIONS  AND  VACANCIES. 

1.  Of  Elective  Officers.]  [§  124,  Ch.  46,  R.  S.]  Resignations 
of  elective  offices  shall  be  made  to  the  officer,  court  or  county  board 
authorized  by  law  to  fill  a  vacancy  in  such  office  by  appointment,  or 
to  order  an  election  to  fill  such  vacancy. 

2.  When  Office  Becomes  Vacant.]  [  §  125,  Ch.  46,  R.  S.] 
Every  elective  office  shall  become  vacant  on  the  happening  of  either 
of  the  following  events  before  the  expiration  of  the  term  of  such 
office: 


64 

First — The  death  of  the  incumbent. 

Second — His  resignation. 

Third — His  becoming  insane. 

Fourth — His  ceasing  to  be  an  inhabitant  of  the  State,  or,  if  the 
office  is  local,  his  ceasing  to  be  an  inhabitant  of  the  district,  county, 
town  or  precinct  for  which  he  was  elected. 

Fifth — His  conviction  of  an  infamous  crime,  or  of  any  offense  in- 
volving a  violation  of  official  oath. 

Sixth — His  removal  from  office. 

Seventh — His  refusal  or  neglect  to  take  his  oath  of  office,  or  to 
give  or  renew  his  official  bond,  or  to  deposit  or  file  such  oath  or  bond 
within  the  time  prescribed  by  law. 

Eighth — The  decision  of  a  competent  tribunal  declaring  his  elec- 
tion void. 

3.  Who  May  Determine  When  Vacancy  Exists.]  [§  126,  Ch. 
46,  R.  S.]  Whenever  it  is  alleged  that  a  vacancy  in  any  office  exists, 
the  officer,  court  or  county  board,  whose  duty  it  is  to  fill  the  vacancy 
by  appointment,  or  to  order  an  election  to  fill  such  vacancy,  shall 
have  power  to  determine  whether  or  not  the  facts  occasioning  such 
vacancy  exist. 

4.  Governor  and  Lieutenant  Governor  Vacant.]  [§  127,  Ch. 
46,  R.  S.]  In  case  of  vacancies  in  the  office  of  Governor  and  Lieu- 
tenant Governor,  the  officer  performing  the  duties  of  the  office  of 
Governor,  or  if  there  is  no  such  officer,  the  Secretary  of  State  shall 
issue  a  proclamation  appointing  a  day  for  a  special  election  to  fill 
such  vacancies,  and  shall  issue  a  writ  of  election  to  the  county  clerks 
of  the  several  counties  in  the  State,  and  shall  also,  when  necessary 
call  a  special  session  of  the  General  Assembly  to  canvass  the  votes 
cast  at  such  election;  but  if  such  vacancy  shall  occur  not  more  than 
90  days  before  a  general  election  for  members  of  the  Legislature,  the 
vacancy  shall  be  filled  at  such  general  election,  in  which  case  no 
special  session  of  the  General  Assembly  to  canvass  votes  shall  be 
deemed  necessary. 

5.  State  Treasurer  and  Auditor.]  [§  4,  Ch.  15  and  §  4,  Ch. 
130,  R.  S.]  If  any  person  elected  to  the  office  of  State  Treasurer  or 
Auditor  of  Public  Accounts  shall  fail  to  give  bond  or  take  the  oath 
required  of  him  within  ten  days  after  he  is  declared  elected,  the  office 
shall  be  deemed  vacant,  and  if  the  Treasurer  or  Auditor  of  Public 
Accounts,  being  required  by  the  Governor  to  give  additional  bond 
fails  to  do  so  within  twenty  days  after  such  requirement,  his  office 
may,  in  the  discretion  of  the  Governor,  be  declared  vacant  and  filled 
as  provided  by  law. 

6.  Other  State  Officers.]  [§  128,  Ch.  46,  R.  S.]  When  a 
vacancy  shall  occur  in  the  office  of  Secretary  of  State,  Auditor  of 
Public  Accounts,  Treasurer,  Attorney  General,  Superintendent  of 
Public  Instruction  or  member  of  the  State  Board  of  Equalization, 
the  Governor  shall  fill  the  same  by  appointment,  and  the  appointee 
shall  hold  his  office  during  the  remainder  of  the  term,  and  until  his 
successor  is  elected  and  qualified. 


65 

7.  Senator  or  Representative.]  |"§  129,  Ch.  46,  R.  S.]  When 
a  vacancy  shall  occur  in  the  office  of  Senator  or  Representative  in  the 
General  Assembly,  it  shall  be  the  dnty  of  the  county  clerk  of  the 
county  in  which  the  member  whose  office  is  vacant  resided,  to  notify 
the  Governor  of  such  vacancy.  Whereupon  the  Governor  shall  issue 
a  writ  of  election  to  the  county  clerk  or  clerks  of  the  county  or  coun- 
ties in  which  the  vacancy  is  to  be  filled,  fixing  a  day  upon  which  an 
election  shall  be  held  to  fill  such  vacancy;  but  unless  the  General 
Assembly  shall  be  in  session  at  the  time  the  vacancy  occurs,  or  there 
shall  be  a  session  between  the  time  vacancy  occurs  and  the  next  suc- 
ceeding general  election,  no  special  election  shall  be  ordered  to  fill 
such  vacancy. 

8.  Representatives  in  Congress.]  [§  130,  Ch.  46,  R.  S.]  When 
any  vacancy  shall  occur  in  the  office  of  Representative  in  Congress 
from  this  State,  the  Governor  shall  issue  a  writ  of  election  to  the 
county  clerks  of  the  several  counties  in  the  district  where  the  vacancy 
exists,  appointing  a  day  to  hold  a  special  election  to  fill  such  vacancy. 

9.  Judges.]  [§  131,  Ch.  46,  R.  S.]  When  a  vacancy  shall  occur 
in  the  office  of  Judge  of  the  Supreme  Court,  judge  of  the  circuit 
court,  judge  of  the  Superior  Court  of  Cook  county,  or  judge  of  the 
county  court,  the  clerk  of  the  court  in  which  the  vacancy  exists,  shall 
notify  the  Governor  of  such  vacancy.  If  such  vacancy  shall  occur 
within  one  year  before  the  expiration  of  the  term  of  the  office,  made 
vacant,  the  Governor  shall  fill  such  vacancy  by  appointment;  but  if 
the  unexpired  term  exceeds  one  year,  the  Governor  shall  issue  a  writ 
of  election,  as  in  other  cases  of  vacancies  to  be  filled  by  election. 

10.  Clerks  w  Courts.]  [§  132,  Ch.  46,  R.  S.]  When  a  vacancy 
shall  occur  in  the  office  of  clerk  of  the  Supreme  Court,  or  in  the 
office  of  clerk  of  the  Superior  Court  of  Cook  county,  or  clerk  of  the 
circuit  court  of  any  of  the  counties  of  this  State,  and  the  unexpired 
term  of  such  clerk  shall  exceed  one  year,  it  shall  be  the  duty  of  the 
court,  or,  if  in  vacation,  of  the  judge  or  judges  of  the  court  in  which 
such  vacancy  may  occur,  to  appoint  a  clerk  pro  tempore;  and  such 
appointee  shall  qualify  in  the  same  manner,  and  give  bond  as  re- 
quired by  law  of  the  clerk  of  the  court  to  which  he  is  appointed,  to 
be  approved  by  the  court,  or,  if  in  vacation,  by  the  judge  or 
judges  making  the  appointment;  and  thereupon  such  appointee 
shall  be  authorized  to  perform  all  duties  and  receive  all  emoluments 
allowed  by  law  to  the  duly  elected  clerk  of  such  court,  and  shall  hold 
such  office  until  an  election  can  be  held  to  fill  the  same,  and  until 
the  person  so  elected  shall  have  qualified  according  to  law.  Whenever 
an  appointment  shall  be  made,  as  provided  by  this  act,  it  shall  be  the 
duty  of  the  court,  or  the  judge  or  judges  making  such  appointment, 
to  notify  the  Governor  forthwith  of  the  vacancy  .filled  by  such  ap- 
pointment; and  upon  receiving  such  notice  it  shall  be  the  duty  of 
the  Governor,  as  soon  thereafter  as  may  be  practicable,  to  issue  a 
writ  of  election  as  in  other  cases  of  vacancies  to  be  filled  by  election, 
in  the  same  manner  as  if  no  appointment  had  been  made;  and  when 

— 5  E   L 


m 

any  such  vacancy  shall  occur,  and  the  unexpired  term  does  not 
exceed  one  year,  such  vacancy  shall  be  filled  by  appointment  by 
the  court  to  which  such  office  appertains,  or  by  the  judge  or  judges 
thereof. 

11.  County  Officers,  Precinct  Officers,  Etc.]  [§  133,  Ch.  46, 
K.  S.]  When  a  vacancy  shall  occur  in  the  office  of  county  commis- 
sioner, State's  attorney,  sheriff,  coroner,  county  clerk,  recorder  of 
deeds,  county  treasurer,  county  surveyor,  or  other  county,  town  or 
precinct  officer  not  otherwise  provided  for  by  law,  within  one  year 
before  the  expiration  of  the  term  of  such  vacant  office,  the  vacancy 
shall  be  filled  by  appointment  by  the  county  board  of  the  county  in 
which  the  vacancy  exists;  but  if  such  unexpired  term  exceeds  one 
year,  the  county  clerk,  or,  in  case  of  a  vacancy  in  his  office,  the  chair- 
man of  the  county  board,  shall  issue  an  order  appointing  a  day  for  an 
election  to  fill  such  vacancy,  and  cause  notice  thereof  to  be  given  as 
in  other  cases  of  election. 

12.  County  Superintendent.]  [§  14.  Ch.  122,  R.  S.]  When  the 
office  of  county  superintendent  shall  become  vacant  by  death,  resig- 
nation, the  removal  of  the  incumbent  by  the  county  board  or  other- 
wise, the  county  board  shall  fill  such  vacancy  by  appointment,  and 
the  person  so  appointed  shall  hold  his  office  until  the  next  election  of 
county  officers,  at  which  election  the  county  board  shall  order  the 
election  of  a  successor. 

13.  Justice  of  the  Peace  and  Constable.]  [  §7,  Ch.  79,  R.  S.] 
When  a  vacancy  occurs  in  the  office  of  a  justice  of  the  peace  or  con- 
stable, by  death,  resignation,  removal  from  the  town  or  precinct,  or 
other  cause,  if  the  unexpired  term  exceeds  one  year  his  office  shall 
be  filled  by  special  election ;  and  it  shall  be  the  duty  of  the  town 
clerk  in  counties  under  township  organization,  and  county  clerks  in 
counties  not  under  township  organization,  in  case  of  such  vacancy, 
to  issue  his  order  to  the  judges  of  election  of  the  proper  town  or 
precinct,  requiring  them,  on  a  certain  day  therein  named,  not  less 
than  20  days  from  the  issuing  of  such  order,  to  hold  an  election  to 
fill  such  vacancy;  and  at  the  same  time  the  county  clerk  shall  deliver 
to  such  judges  three  copies  of  a  notice  of  such  election,  two  of  which 
notices  shall  be  posted  up  in  such  town  or  precinct  in  two  public 
places  therein ;  and  an  election  shall  be  held  pursuant  to  such  order, 
and  conducted  as  other  elections.  If  the  unexpired  term  of  his  office 
does  not  exceed  one  year,  the  vacancy  shall  be  filled  by  appointment 
by  the  county  board. 

14.  Judge  of  City  Courts  ]  [§  244,  Ch.  37,  R.  S.]  Vacancies 
in  the  office  of  judge  of  city  courts  shall  be  filled  for  the  unexpired 
term,  at  a  special  election,  to  be  called  and  held  by  the  same  author- 
ity and  in  the  same  manner  that  other  city  elections  may  be  held, 
where  such  unexpired  term  exceeds  one  year:  but  where  the  same 
does  not  exceed  one  year,  such  vacancy  shall  be  filled  by  appointment 
by  the  Governor. 


67 

15.  To  what  Elections  this  Act  May  Apply.]  [§  134,  Ch.  46, 
R.  S.]  The  provisions  of  this  article  shall  apply,  as  far  as  practi- 
cable, to  all  elections  in  this  State,  whether  general,  special,  local  or 
municipal,  except  so  far  as  they  are  modified  or  contravened  by  other 
legal  enactments. 

ARTICLE  XV. 

CONGRESSIONAL    APPORTIONMENT. 

(Act  of  1901.) 

1.  Districts.]  [§  150,  Ch.  46,  R.  S.]  Be  it  enacted  by  the  Peo- 
ple of  the  State  of  Illinois,  represented  in  the  General  Assembly: 
The  State  of  Illinois  be  and  the  same  hereby  is  apportioned  into  25 
congressional  districts,  and  that  the  same  are  hereby  established  and 
shall  be  respectively  composed  as  herein  set  forth,  to- wit: 

The  First  district  shall  be  composed  of  the  First  ward,  the  Second 
ward,  that  part  of  the  Third  ward  east  of  the  center  line  of  Stewart 
avenue,  that  part  of  the  Fourth  ward  lying  east  of  the  center  line  of 
Halsted  street,  that  part  of  the  Sixth  ward  north  of  the  center  line  of 
Forty-third  street,  all  in  the  city  of  Chicago. 

The  second  district  shall  be  composed  of  that  part  of  the  Sixth 
ward  south  of  the  center  line  of  Forty-third  street,  the  Seventh  ward, 
thp  Eight  ward,  and  the  Thirty-third  ward,  in  the  city  of  Chicago. 

The  Third  district  shall  be  composed  of  the  towns  of  Lemont, 
Palos,  Worth,  Orland,  Bremen,  Thornton,  Rich,  Bloom  and  Calumet 
in  Cook  county,  and  that  part  of  the  Twenty-ninth  ward  south  of  the 
center  line  of  Fifty-first  street,  that  part  of  the  Thirtieth  ward  south 
of  the  center  line  of  Fifty-first  street,  the  Thirty-first  ward  and  the 
Thirty-second  ward,,  in  the  city  of  Chicago. 

The  Fourth  district  shall  be  composed  of  that  part  of  the  Third 
ward  lying  west  of  the  center  line  of  Stewart  avenue,  that  part  of  the 
Fourth  ward  lying  west  of  the  center  line  of  Halsted  street,  the  Fifth 
ward,  that  part  of  the  Eleventh  ward  south  of  the  center  line  of 
Twenty-second  street,  that  part  of  the  Twelfth  ward  lying  south  of 
the  center  line  of  Twenty-second  street,  that  part  of  the  Twenty-ninth 
ward  north  of  the  center  line  of  Fifty-first  street,  and  that  part  of  the 
Thirtieth  ward  north  of  the  center  line  of  Fifty-first  street,  in  the  city 
of  Chicago. 

The  Fifth  district  shall  be  composed  of  the  Ninth  ward,  the  Tenth 
ward,  that  part  of  the  Eleventh  ward  north  of  the  center  line  of 
Twenty-second  street,  and  that  part  of  the  Twelfth  ward  north  of  the 
center  line  of  Twenty-second  street,  in  the  city  of  Chicago. 

The  Sixth  district  shall  be  composed  of  the  towns  of  Proviso,  Cicero, 
Riverside,  Stickney  and  Lyons,  in  Cook  county,  and  the  Thirteenth 
ward,  the  Twentieth  ward,  the  Thirty-fourth  ward,  and  that  part  of 
the  Thirty-fifth  ward  south  of  the  south  line  of  the  right  of  way  of 
the  Chicago  and  Northwestern  Railway  company,  in  the  city  of 
Chicago. 


68 

The  Seventh  district  shall  be  composed  of  the  towns  of  Hanover, 
Schaumberg,  Elk  Grove,  Maine,  Leyden,  Barrington,  Palatine 
Wheeling  and  Norwood  Park,  in  Cook  county,  the  Fourteenth  ward 
that  part  of  the  Fifteenth  ward  west  of  the  center  line  of  Robey  street 
the  Twenty-seventh  ward,  the  Twenty-eighth  ward,  and  that  part  of 
the  Thirty-fifth  ward  north  of  the  south  line  of  the  right  of  way  of 
the  Chicago  and  Northwestern  Railway  company,  in  the  city  of 
Chicago. 

The  Eighth  district  shall  be  composed  of  that  part  of  the  Fifteenth 
ward  east  of  the  center  line  of  Robey  street,  the  Sixteenth  ward,  the 
Seventeenth  ward,  the  Eighteenth  ward  and  the  Nineteenth  ward,  in 
the  city  of  Chicago, 

The  Ninth  district  shall  be  composed  of  the  Twenty-first  ward,  the 
Twenty-second  ward,  that  part  of  the  Twenty-third  ward  east  of  the 
center  line  of  Halsted  street,  and  that  part  of  the  Twenty-fifth  ward 
south  of  the  center  line  of  Graceland  avenue,  in  the  city  of  Chicago. 

The  Tenth  district  shall  be  composed  of  that  part  of  the  Twenty- 
third  ward  west  of  the  center  line  of  Halsted  street,  the  Twenty-fourth 
ward,  that  part  of  the  Twenty-fifth  ward  north  of  the  center  line  of 
Graceland  avenue  and  the  Twenty-sixth  ward,  in  the  city  of  Chicago; 
also  the  towns  of  Evanston,  Niles,  New  Trier  and  Northfield  in  Cook 
county,  and  the  county  of  Lake. 

The  Eleventh  district  shall  be  composed  of  the  c6unties  of  DuPage, 
Kane,  McHenry:  and  Will. 

The  Twelfth  district  shall  be  composed  of  the  counties  of  Boone, 
DeKalb,  Grundy,  Kendall,  LaSalle  and  Winnebago. 

The  Thirteenth  district  shall  be  composed  of  the  counties  of  Car- 
roll, JoDaviess,  Lee,  Ogle,  Stephenson  and  Whiteside. 

The  Fourteenth  district  shall  be  composed  of  the  counties  of  Han- 
cock, Henderson,  McDonough,  Mercer,  Rock  Island  and  Warren. 

The  Fifteenth  district  shall  be  composed  of  the  counties  of  Adams, 
Fulton,  Henry,  Knox  and  Schuyler. 

The  Sixteenth  district  shall  be  composed  of  the  counties  of  Bureau, 
Marshall,  Peoria,  Putnam,  Stark  and  Tazewell. 

The  Seventeenth  district  shall  be  composed  of  the  counties  of 
Ford,  Livingston,  Logan,  McLean  and  Woodford. 

The  Eighteenth  district  shall  be  composed  of  the  counties  of  Clark, 
Cumberland,  Edgar,  Iroquois,  Kankakee  and  Vermilion. 

The  Nineteenth  district  shall  be  composed  of  the  counties  of 
Champaign,  Coles,  DeWitt,  Douglas,  Macon,  Moultrie,  Shelby  and 
Piatt. 

The  Twentieth  district  shall  be  composed  of  the  counties  of  Brown, 
Calhoun,  Cass,  Greene,  Jersey,  Mason,  Menard,  Morgan,  Pike  and 
Scott. 

The  Twenty-first  district  shall  be  composed  of  the  counties  of 
Christian,  Macoupin,  Montgomery  and  Sangamon. 

The  Twenty-second  district  shall  be  composed  of  the  counties  of 
Bond,  Madison,  Monroe,  St.  Clair  and  Washington. 

The  Twenty-third  district  shall  be  composed  of  the  counties  of 
Clinton,  Crawford,  Effingham,  Fayette,  Jasper,  Jefferson,  Lawrence, 
Marion,  Richland  and  Wabash. 


69 

The  Twenty-fourth  district  shall  be  composed  of  the  counties  of 
Clay,  Edwards,  Gallatin,  Hamilton,  Hardin,  Johnson,  Massac,  Pope, 
Saline,  Wayne  and  White. 

The  Twenty-fifth  district  shall  be  composed  of  the  counties  of 
Alexander,  Franklin,  Jackson,  Perry,  Pulaski,  Randolph,  Union  and 
Williamson. 

2.  One  Representative  from  Each  District.]  [§  151,  Ch.  46, 
R.  S.]  One  Representative  to  the  Congress  of  the  United  States  shall 
be  elected  in  each  of  the  districts  before  enumerated  on  the  Tuesday 
after  the  first  Monday  of  November,  in  the  year  of  our  Lord  one 
thousand  nine  hundred  and  two  (1902),  and  one  in  each  of  said  dis- 
tricts every  two  years  thereafter;  such  election  shall  be  held,  and  the 
returns  thereof  made  and  canvassed,  in  the  manner  provided  by  law. 

3.  Defines  Ward  in  Chicago.]  [§  151a.  Ch.  46,  R,  S-l  When- 
ever the  word  "ward"  or  "wards,"  in  the  city  of  Chicago,  are  used  in 
this  act,  they  shall  be  construed  as  meaning  the  wards  as  existing  in 
said  city  at  the  time  of  the  passage  of  this  act. 

4.  Repeal.]  [§  1516,  Ch.  46,  R.  S.]  An  act  entitled  -An  act 
to  apportion  the  State  of  Illinois  into  twenty-two  Congressional  dis- 
tricts, and  establish  the  same,  and  provide  for  the  election  of  Repre- 
sentatives therein,"  approved  June  9,  1893,  in  force  July  1.  1893,  is 
hereby  repealed. 

Article  XVI. 

SENATORIAL    AND    REPRESENTATIVE    APPORTIONMENT. 
(Act  of  1901.) 

1.  Apportionment.]  [§  152,  Ch.  46,  R.  S.]  Be  it  enacted  by  the 
People  of  the  State  of  Illinois,  represented  in  the  General  Assembly: 
That  until  the  taking  and  return  of  the  next  federal  census  and  the 
apportionment  thereunder,  as  provided  in  the  Constitution,  the  State 
shall  be  divided  into  Senatorial  districts;  each  of  which  shall  be  en- 
titled to  one  Senator  and  three  Representatives  as  follows,  to- wit: 

First — The  First  and  Second  wards  in  the  city  of  Chicago,  in  the 
county  of  Cook,  shall  constitute  the  First  district. 

Second — That  part  of  the  Eleventh  ward  lying  north  of  the  center 
line  of  Sixteenth  street ;  that  part  of  the  Twelfth  ward  lying  north  of 
the  center  line  of  Sixteenth  street  and  east  of  the  center  line  of  Cali- 
fornia avenue,  and  the  Twentieth  ward  in  the  city  of  Chicago,  in  the 
county  of  Cook,  shall  constitute  the  Second  district. 

Third— The  Third  ward,  that  part  of  the  Fourth  ward  lying  east  of 
the  center  line  of  Halsted  street,  and  that  part  of  the  Fifth  ward 
bounded  as  follows:  Beginning  at  the  intersection  of  Thirty-third 
street  and  Union  avenue,  and  running  south  along  the  center  line  of 
Union  avenue  to  the  center  line  of  Thirty-fifth  street,  thence  running 
east  along  the  center  line  of  Thirty-fifth  street  to  the  center  line  of 
Parnell  avenue,  thence  running  north  along  the  center  line  of  Par- 
nell  avenue  to  the  center  line  of  Thirty-third  street,  thence  running 
west  along  the  center  line  of  Thirty-third  street  to  the  place  of  be- 


70 

ginning,  and  that  part  of  the  Sixth  ward  lying  north  of  the  center 
line  of  Forty-third  street,  said  center  line  being  extended  easterly  to 
Lake  Michigan,  in  the  city  of  Chicago,  in  the  county  of  Cook,  shall 
constitute  the  Third  district. 

Fourth — The  Twenty-ninth  and  Thirtieth  wards,  and  that  part  of 
the  Thirty-first  ward  lying  north  of  the  center  line  of  Fifty-seventh 
place  and  east  of  the  east  line  of  the  right  of  way  of  the  Chicago, 
Rock  Island  &  Pacific  Railway  company,  in  the  city  of  Chicago,  in 
the  county  of  Cook,  shall  constitute  the  Fourth  district. 

Fifth — The  Sixth  ward,  except  that  part  thereof  lying  north  of  the 
center  line  of  Forty-third  street,  said  center  line  being  extended 
easterly  to  Lake  Michigan,  and  the  Seventh  ward,  except  that  part 
thereof  lying  south  of  the  center  line  of  Sixty-third  street,  said  center 
line  being  extended  easterly  to  Lake  Michigan,  and  east  of  the  center 
line  of  Cottage  Grove  avenue,  in  the  city  of  Chicago,  in  the  county 
of  Cook,  shall  constitute  the  Fifth  district. 

Sixth — The  Twenty-fourth  ward,  that  part  of  the  Twenty-fifth 
ward  lying  north  of  the  center  line  of  Devon  avenue,  that  part  of 
the  Twenty-third  ward  lying  west  of  the  center  line  of  Halsted 
street,  and  the  Twenty-sixth  ward  in  the  city  of  Chicago;  also 
all  that  part  of  the  town  of  Evanston  lying  outside  of  the  city  of 
Chicago,  and  those  parts  of  the  towns  of  Niles  and  New  Trier  lying 
within  the  city  of  Evanston,  all  in  the  county  of  Cook,  shall  consti- 
tute the  Sixth  district. 

Seventh — The  towns  of  Thornton,  Bloom,  Rich,  Bremen,  Orland, 
Lemont,  Palos,  Worth,  Lyons,  Stickney,  Proviso,  Leyden,  Elk  Grove, 
Schaumberg,  Hanover,  Barrington,  Palatine,  Wheeling,  Northfield, 
that  part  of  the  town  of  New  Trier  lying  outside  of  the  city  of  Evans- 
ton, that  part  of  the  town  of  Niles  lying  outside  of  the  city  of  Chi- 
cago and  outside  of  the  city  of  Evanston,  and  those  parts  of  the  towns 
of  Norwood  Park  and  Maine  lying  outside  of  the  city  of  Chicago,  all 
in  the  county  of  Cook,  shall  constitute  the  Seventh  district. 

Eighth — The  counties  of  Lake,  McHenry  and  Boone,  shall  consti- 
tute the  Eighth  district. 

Ninth — That  part  of  the  Fourth  ward  lying  west  of  the  center  line 
of  Halsted  street,  the  Fifth  ward,  except  that  part  bounded  as  fol- 
lows: Beginning  at  the  intersection  of  Thirty- third  street,  and 
Union  avenue  and  running  along  the  center  line  of  Union  avenue  to 
the  center  line  of  Thirty-fifth  street,  thence  running  east  along  the 
center  line  of  Thirty-fifth  street  to  the  center  line  of  Parnell  avenue, 
thence  running  north  along  the  center  line  of  Parnell  avenue  to  the 
center  line  of  Thirty-third  street,  thence  running  west  along  the  cen- 
ter line  of  Thirty-third  street  to  the  place  of  beginning,  and  that  part 
of  the  Twelfth  ward  lying  south  and  east  of  a  line  beginning  at  the 
intersection  of  Hoyne  avenue  and  Sixteenth  street  and  running  west 
along  the  center  line  of  Sixteenth  street  to  the  center  line  of  Cali- 
fornia avenue,  thence  running  south  along  the  center  line  of  Cali- 
fornia avenue  to  the  north  line  of  the  right  of  way  of  the  Chicago, 
Burlington  and  Quincy  Railroad  Company,  thence  running  in  a  south- 
westerly direction  along  said  north  line  of  the  right  of  way  of  the 
Chicago,  Burlington  and  Quincy  Railroad  Company  to  the  center  line 


71 

of  Clifton  Park  avenue,  thence  running  south  along  the  center  line  of 
Clifton  Park  avenue  to  the  center  line  of  Twenty-fourth  street,  thence 
running  west  along  the  center  line  of  Twenty-fourth  street  to  the 
center  Hue  of  Central  Park  avenue,  and  thence  running  south  along 
the  center  line  of  Central  Park  avenue  to  the  Illinois  and  Michigan 
canal,  in  the  city  of  Chicago,  in  the  county  of  Cook,  shall  constitute 
the  Ninth  district. 

Tenth — The  counties  of  Ogle  and  Winnebago  shall  constitute  the 
Tenth  district. 

Eleventh — The  Thirty-first  ward,  except  that  part  thereof  lying 
north  of  the  center  line  of  Fifty-seventh  place  and  east  of  the  east 
line  of  the  right  of  way  of  the  Chicago,  Rock  Island  &  Pacific  Rail- 
way Company,  and  the  Thirty-second  ward,  in  the  city  of  Chicago,  in 
the  county  of  Cook,  shall  constitute  the  Eleventh  district. 

Twelfth — The  counties  of  Stephenson,  Jo  Daviess  and  Carroll 
shall  constitute  the  Twelfth  district. 

Thirteenth — That  part  of  the  Seventh  ward  lying  south  of  the  cen- 
ter line  of  Sixty-third  street,  said  center  line  being  extended  easterly 
to  Lake  Michigan  and  east  of  the  center  line  of  Cottage  Grove  ave- 
nue, the  Eighth  and  Thirty-third  wards,  in  the  city  of  Chicago,  and 
that  part  of  the  town  of  Calumet  lying  outside  of  the  city  of  Chi- 
cago, and  all  in  the  county  of  Cook,  shall  constitute  the  Thirteenth  dis- 
trict. N 

Fourteenth — The  counties  of  Kane  and  Kendall  shall  constitute 
the  Fourteenth  district. 

Fifteenth — The  Ninth  ward,  except  that  part  thereof  lying  north 
and  west  of  a  line  beginning  at  the  intersection  of  Morgan  and  Four- 
teenth streets  and  running  east  along  the  center  line  of  Fourteenth 
street  to  the  center  line  of  Johnson  street,  thence  running  north 
along  the  center  line  of  Johnson  street  to  the  center  line  of  Maxwell 
street,  and  thence  running  east  along  the  center  line  of  Maxwell 
street  to  the  south  branch  of  the  Chicago  river,  the  Tenth  ward  ex- 
cept that  part  thereof  lying  north  and  west  of  a  line  beginning  at 
the  intersection  of  Laflin  and  Sixteenth  streets  and  running  east 
along  the  center  line  of  Sixteenth  street  to  the  center  line  of  Throop 
street,  thence  north  along  the  center  line  of  Throop  street  to  the 
center  line  of  Fourteenth  street,  and  thence  running  east  along  the 
center  line  of  Fourteenth  street  to  the  center  line  of  Morgan  street, 
and  that  part  of  the  Eleventh  ward  lying  south  of  the  center  line  of 
Sixteenth  street,  in  the  city  of  Chicago,  in  the  county  of  Cook,  shall 
constitute  the  Fifteenth  district. 

Sixteenth — The  counties  of  Marshall,  Putnam,  Livingston  and 
Woodford  shall  constitute  the  Sixteenth  district. 

Seventeenth — That  part  of  the  Ninth  ward  lying  north  and  west  of 
a  line  beginning  at  the  intersection  of  Morgan  and  Fourteenth 
streets  and  running  east  along  the  center  line  of  Fourteenth  street  to 
the  center  line  of  Johnson  street;  thence  running  north  along  the 
center  line  of  Johnson  street  to  the  center  line  of  Maxwell  street,  and 
thence  running  east  along  the  center  line  of  Maxwell  street  to  the 
south  branch  of  the  Chicago  river,  that  part  of  the  Tenth  ward  lying 


n 


north  and  west  of  a  line  beginning  at  the  intersection  of  Lafliii  and 
Sixteenth  streets  and  running  east  on  the  center  line  of  Sixteenth 
street  to  the  center  line  of  Throop  street,  thence  running  north 
along  the  center  line  of  Throop  street  to  the  center  line  of  Fourteenth 
street,  and  thence  running  east  along  the  center  line  of  Fourteenth 
street  to  the  center  line  of  Morgan  street,  and  the  Nineteenth  ward. 
in  the  city  of  Chicago,  in  the  county  of  Cook,  shall  constitute  the 
Seventeenth  district. 

Eighteenth — The  county  of  Peoria  shall  constitute  the  Eighteenth 
district. 

Nineteenth — That  part  of  the  Twelfth  ward  lying  north  and 
of  a  line  beginning  at  the  intersection  of  Twelfth  street  and  Cali- 
fornia avenue  and  running  south  along  the  center  line  of  California 
avenue  to  the  north  line  of  the  right  of  way  of  the  Chicago.   Burling 
ton  &  Quincy    Railroad   company,  and  thence  running  in  a  south- 
westerly direction  along  said  north  line  of  the  said  right  of  wa\ 
the  center  line  of  Clifton  Park  avenue,  the  Thirteenth  and  the  Thirty- 
fourth   wards,  in  the  city  of  Chicago,  that  part  of  the  town  of  Cicero 
lying   south   of   the   center   line   of   Twelfth    street  and  the  town  of 
Riverside,  all  in  the  county  of  Cook,  shall  constitute  the  Nineteenth 
district. 

Twentieth — The  counties  of  Kankakee,  Grundy  and  Iroquois  shall 
constitute  the  Twentieth  district. 

Twenty-first — The  Fourteenth  ward,  that  part  of  the  Seventeenth 
ward  lying  south  of  a  line  beginning  at  the  intersection  of  Ashland 
avenue  and  Augusta  street  and  running  thence  east  along  the  center 
line  of  Augusta  street  to  the  center  line  of  Holt  street,  thence  run- 
ning south  along  the  center  line  of  Holt  street  to  the  center  line  of 
Cornell  street,  thence  running  east  along  the  center  line  of  Cornell 
street  to  the  center  line  of  Milwaukee  avenue,  thence  running  south- 
easterly along  the  center  line  of  Milwaukee  avenue  to  the  center  line 
of  Green  street,  and  thence  south  along  the  center  line  of  Green 
street  to  the  center  line  of  Kinzie  street,  and  that  part  of  the  Thirty- 
fifth  ward  lying  south  of  a  line  beginning  at  the  intersection  of  Chi- 
cago avenue  and  Homan  avenue  and  running  thence  west  along  the 
center  line  of  Chicago  avenue  to  the  center  line  of  Park  avenue, 
thence  south  along  the  center  line  of  Park  avenue  to  the  center  line 
of  Lake  street,  and  thence  running  west  along  the  center  line  of  Lake 
street  to  the  center  line  of  Austin  avenue,  in  the  city  of  Chicago,  in 
the  county  of  Cook  shall  constitute  the  Twenty- first  district. 

Twenty-second — The  counties  of  Vermilion  and  Edgar  shall  con- 
stitute the  Twenty -second  district. 

Twenty-third — The  Fifteenth  ward,  that  part  of  the  Sixteenth  ward, 
bounded  as  follows:  Beginning  at  the  intersection  of  North  avenue 
and  Ashland  avenue  and  running  west  on  the  center  line  of  North 
Avenue  to  the  center  line  of  Robey  street,  thence  running  south  along 
the  center  line  of  Robey  street  to  the  center  line  of  Division  str 
whence  running  east  along  the  center  line  of  Division  street  to  the 
center  line  of  Ashland  avenue,  thence  running  north  along  the  center 
line  of  Ashland  avenue  to  the  place  of  beginning,  that  part  of  the 
Thirty-fifth  ward  lying  north  of  a  line  beginning  at  the   intersection 


73 

of  Kedzie  and  Chicago  avenues  and  running  west  along  the  center 
line  of  Chicago  avenue  to  the  center  line  of  Park  avenue,  thence 
running  south  along  the  center  line  of  Park  avenue  to  the  center  line 
Lake  street,  and  thence  running  west  along  the  center  line  of  Lake 
street  to  the  center  line  of  Austin  avenue,  in  the  city  of  Chicago,  and 
that  part  of  the  town  of  Cicero  lying  north  of  the  center  line  of 
Twelfth  street,  all  in  the  county  of  Cook,  shall  constitute  the 
Twenty- third  district. 

Twenty-fourth — The  counties  of  Champaign.  Piatt  and  Moultrie 
shall  constitute  the  Twenty-fourth  district. 

Twenty- fifth — The  Twenty-seventh  and  Twenty-eighth  wards  in 
the  city  of  Chicago,  in  the  county  of  Cook;  shall  constitute  the 
Twenty-fifth  district. 

Twenty-sixth— The  counties  of  McLean  and  Ford  shall  constitute 
1  wenty-sixth  district. 

Twenty-seventh — The  Sixteenth  ward,  except  that  part  bounded  as 
follows:  Beginning  at  the  intersection  of  North  avenue  and  Ash- 
land avenue,  and  running  west  on  the  center  line  of  North  avenue  to 
the  center  line  of  Robey  street,  thence  running  south  along  the  cen- 
ter line  of  Robey  street  to  the  center  line  of  Division  street,  thence 
running  east  along  the  center  line  of  Division  street  to  the  center 
line  of  Ashland  avenue,  thence  running  north  along  the  center  line 
of  Ashland  avenue  to  the  place  of  beginning,  that  part  of  the 
Seventeenth  ward  bounded  as  follows:  Beginning  at  the  intersec- 
tion of  Ashland  avenue  and  Division  street  and  running  south  along 
the  center  line  of  Ashland  avenue  to  the  center  line  of  Augusta 
street,  thence  running  east  along  the  center  line  of  Augusta  street  to 
the  center  line  of  Holt  street,  thence  running  south  along  the  center 
line  of  Holt  street  to  the  center  line  of  Cornell  street,  thence  running 
east  along  the  center  line  of  Cornell  street  to  the  center  line  of  Mil- 
waukee avenue,  thence  running  southeast  along  the  center  line  of 
Milwaukee  avenue  to  the  center  line  of  Green  street,  thence  running 
south  along  the  center  line  of  Green  street  to  the  center  line  of 
Kinzie  street,  thence  running  east  along  the  center  line  of  Kinzie 
street  to  the  north  branch  of  the  Chicago  river,  thence  running  north- 
west along  the  north  branch  of  the  Chicago  river  to  the  center  line 
of  Division  street,  thence  running  west  along  the  center  line  of  Di- 
vision street  to  the  place  of  beginning,  and  the  Eighteenth  ward,  in 
the  city  of  Chicago,  in  the  county  of  Cook,  shall  constitute  the 
Twenty-seventh  district. 

Twenty-eighth — The  counties  of  Logan,  DeWitt  and  Macon  shall 
constitute  the  Twenty-eighth  district. 

Twenty-ninth — The  Twenty-first  ward,  except  that  part  thereof 
lying  north  of  a  line  beginning  at  the  intersection  of  Goethe  and 
Sedgwick  streets  and  running  east  along  the  center  line  of  Goethe 
street  to  the  center  line  of  State  street,  thence  running  north  along 
the  center  line  of  State  street  to  the  center  line  of  Schiller  street, 
and  thence  running  east  along  the  center  line  of  Schiller  street  to 
Lake  Michigan,  and  the  Twenty-second  ward,  except  that  part  there- 
of lying  west  of  the  center  line  of  Halsted  street,  and  except  that  part 
of  said  ward  lying  north  and  wesl  of  a  line  beginning  at  the  intersec- 


74 

tion  of  North  avenue  and  Sedgwick  street  and  running  south  along 
the  center  line  of  Sedgwick  street  to  the  center  line  of  Sigel  street, 
thence  running  west  along  the  center  line  of  Sigel  street  to  the  cen- 
ter line  of  Cleveland  avenue,  thence  running  south  along  the  center 
line  of  Cleveland  avenue  to  the  center  line  of  Clybourn  avenue, 
thence  running  in  a  northwesterly  direction  along  the  center  line  of 
Clybourn  avenue  to  the  center  line  of  Larrabee  street,  thence  run- 
ning south  along  the  center  line  of  Larrabee  street  to  the  center  line 
of  Division  street,  and  thence  west  along  the  center  line  of  Division 
street  to  the  center  line  of  Halsted  street,  in  the  city  of  Chicago,  in 
the  county  of  Cook,  shall  constitute  the  Twenty-ninth  district. 

Thirtieth — The  counties  of  Tazewell,  Mason,  Menard,  Cass,  Brown 
and  Schuyler  shall  constitute  the  Thirtieth  district. 

Thirty-first — That  part  of  the  Twenty-first  ward  lying  north  of  a 
line  beginning  at  the  intersection  of  Goethe  and  Sedgwick  streets 
and  running  east  along  the  center  line  of  Goethe  street  to  the  center 
line  of  State  street,  thence  running  north  along  the  center  line  of 
State  street  to  the  center  line  of  Schiller  street,  and  thence  running 
east  along  the  center  line  of  Schiller  street  to  Lake  Michigan,  all 
that  part  of  the  Twenty-second  ward  lying  west  of  the  center  line 
of  Halsted  street  and  that  part  of  the  Twenty-second  ward  lying 
east  of  the  center  line  of  Halsted  street  and  north  of  a  line  beginning 
at  the  intersection  of  Halsted  and  Division  streets  and  running  east 
along  the  center  line  of  Division  street  to  the  center  line  of  Larrabee 
street,  thence  running  north  along  the  center  line  of  Larrabee  street 
to  the  center  line  of  Clybourn  avenue,  thence  running  in  a  south- 
easterly direction  along  the  center  line  of  Clybourn  avenue  to  the 
center  line  of  Cleveland  avenue,  thence  running  north  along  the 
center  line  of  Cleveland  avenue  to  the  center  line  of  Sigel  street,  and 
thence  running  east  along  the  center  line  of  Sigel  street  to  the 
center  line  of  Sedgwick  street,  that  part  of  the  Twenty-third  ward 
lying  east  of  the  center  line  of  Halsted  street,  and  that  part  of  the 
Twenty-fifth  ward  lying  south  of  the  center  line  of  Devon  avenue, 
all  in  the  city  of  Chicago,  in  the  county  of  Cook,  shall  constitute  the 
Thirty-first  district. 

Thirty-second — The  counties  of  McDonough,  Hancock  and  Warren 
shall  constitute  the  Thirty-second  district. 

Thirty-third — The  counties  of  Rock  Island,  Mercer  and  Hender- 
son shall  constitute  the  Thirty-third  district. 

Thirty-fourth — The  counties  of  Douglas,  Coles  and  Clark  shall 
constitute  the  Thirty-fourth  district. 

Thirty-fifth — The  counties  of  Whiteside,  Lee  and  DeKalb  shall 
constitute  the  Thirty-fifth  district. 

Thirty-sixth — The  counties  of  Scott,  Calhoun,  Pike  and  Adams 
shall  constitute  the  Thirty-sixth  district. 

Thirty-seventh — The  counties  of  Henry,  Bureau  and  Stark  shall 
constitute  the  Thirty-seventh  district. 

Thirty-eighth — The  counties  of  Greene,  Montgomery,  Jersey  and 
Macoupin  shall  constitute  the  Thirty-eighth  district. 

Thirty-ninth — The  county  of  LaSalle  shall  constitute  the  Thirty- 
ninth  district. 


75 

Fortieth — The  counties  of  Christian,  Shelby,  Fayette  and  Cum- 
berland shall  constitute  the  Fortieth  district. 

Forty-first — The  counties  of  DuPage  and  Will  shall  constitute  the- 
Forty-first  district. 

Forty-second — The  counties  of  Clinton,  Marion,  Clay  and  Effing- 
ham shall  constitute  the  Forty-second  district. 

Forty-third — The  counties  of  Knox  and  Fulton  shall  constitute  the 
Forty-third  district. 

Forty-fourth — The  counties  of  Washington,  Randolph,  Perry, 
Monroe  and  Jackson  shall  constitute  the  Forty-fourth  district 

Forty-fifth — The  counties  of  Morgan  and  Sangamon  shall  consti- 
tute the  Forty-fifth  district. 

Forty-sixth — The  counties  of  Jefferson,  Wayne,  Richland  and 
Jasper  shall  constitute  the  Forty-sixth  district. 

Forty-seventh — The  counties  of  Madison  and  Bond  shall  constitute 
the  Forty-seventh  district. 

Forty-eighth — The  counties  of  Hardin,  Grallatin,  White,  Edwards, 
Wabash,  Lawrence  and  Crawford  shall  constitute  the  Forty-eighth 
district. 

Forty-ninth — The  county  of  St.  Clair  shall  constitute  the  Forty- 
ninth  district. 

Fiftieth — The  counties  of  Franklin.  Williamson,  Union,  Alexander 
and  Pulaski  shall  constitute  the  Fiftieth  district. 

Fifty-first — The  counties  of  Hamilton,  Saline,  Pope,  Johnson  and 
Massac  shall  constitute  the  Fifty- first  district. 

2.  Ward  Defined.]  [§  153,  Ch.  46,  R.  S.]  Whenever  the  words 
"ward"  or  "wards,"  or  "street"  or  "streets"  or  "avenue"  or  "avenues," 
or  "boulevard"  or  "boulevards,"  and  all  other  boundary  lines  of  what- 
ever name  or  description,  in  the  city  of  Chicago,  are  used  in  this  act, 
they  shall  be  construed  as  meaning  the  ward  or  wards,  and  street  or 
streets,  and  avenue  or  avenues,  and  boulevard  or  boulevards,  or  other 
proper  description,  as  existing  in  the  said  city  at  the  time  of  the 
passage  of  this  act. 

3.  Repeal.]  [§  154,  Ch.  46,  R.  S.]  An  act  entitled,  "An  act  to 
apportion  the  State  of  Illinois  into  senatorial  districts,  and  to  repeal 
certain  acts  therein  named,"  approved  June  15,  1893,  in  force  July  1, 
1893,  and  an  act  entitled,  "An  act  to  amend  sections  1  and  2  of  an  act 
to  apportion  the  State  of  Illinois  into  Senatorial  districts,  and  to  re- 
peal certain  acts  therein  named,"  approved  January  11,  1898,  in  force 
July  1,  1898,  and  all  acts  and  parts  of  acts  in  conflict  herewith  are 
hereby  repealed. 

Article  XVII. 

JUDICIAL    APPORTIONMENT. 

Supreme  Court. 

1.  Districts.]  [§  Art.  VI  of  Constitution.]  The  State  shall  be 
divided  into  seven  districts  for  the  election  of  judges,  and  until  other- 
wise provided  by  law  they  shall  be  as  follows: 


First  District — The  counties  of  St.  Clair.  Clinton,  Washington, 
-Jefferson,  Wayne,  Edwards,  Wabash,  White,  Hamilton,  Franklin, 
Perry,  Randolph,  Monroe.  Jackson,  Williamson.  Saline,  Gallatin, 
Hardin,  Pope,  Union,  Johnson,  Alexander,  Pulaski  and  Massac. 

Second  District — The  counties  of  Madison,  Bond,  Marion,  Clay, 
Richland,  Lawrence,  Crawford,  Jasper,  Effingham,  Fayette,  Mont- 
gomery, Macoupin,  Shelby,  Cumberland,  Clark,  Greene.  Jersey,  Cal- 
houn, Christian,  Pike  and  Scott. 

Third  District — The  counties  of  Sangamon.  Macon,  Logan,  De Witt, 
Piatt,  Douglas,  Champaign,  Vermilion,  McLean,  Livingston,  Ford, 
Iroquois,  Coles,  Edgar,  Moultrie  and  Tazewell. 

Fourth  District — The  counties  of  Rock  Island,  Mercer.  Warren, 
Henderson,  Fulton,  McDonough,  Hancock,  Adams,  Schuyler,  Brown, 
Mnson,  Menard.  Morgan  and  Cass. 

Fifth  District — The  counties  of  Knox,  Henry,  Stark,  Peoria,  Mar- 
shall, Putnam.  Bureau,  LaSalle,  Grundy  and  Woodford. 

Sixth  District — The  counties  of  Whiteside,  Carroll,  Jo  Daviess, 
Stephenson,  Winnebago,  Boone,  McHenry,  Kane,  Kendall,  DeKalb, 
Lee  and  Ogle. 

Seventh  District— The  counties  of  Lake,  Cook,  Will,  Kankakee 
and  DuPage. 

The  boundries  of  the  district  may  be  changed  at  the  session  of  the 
General  Assembly  next  preceding  the  election  for  judges  therein,  and 
at  no  other  time;  but  whenever  such  alteration  shall  be  made  the 
same  shall  be  upon  the  rule  of  equality  of  population,  as  nearly  as 
county  boundries  will  allow,  and  the  districts  shall  be  composed  of 
contiguous  counties,  in  as  nearly  compact  form  as  circumstances  will 
permit.  The  alteration  of  the  districts  shall  not  effect  the  tenure  of 
office  of  any  judge. 

Appellate  Courts. 

2.  Districts.]  [§§landl8,Ch.37,R.S.1895.]  There  are  hereby 
created  four  appellate  courts  in  this  State,  to  be  called  the  appellate 
courts  in  and  for  the  districts  hereby  created: 

First  District — The  county  of  Cook. 

Second  District-  The  counties  of  Boone,  Bureau,  Carroll,  DeKalb, 
DuPage,  Grundy,  Henderson,  Henry,  Iroquois,  Jo  Daviess,  Kane 
Kankakee,  Kendall,  Knox,  Lake,  LaSalle,  Lee,  Livingston,  Marshall, 
McHenry,  Mercer,  Ogle,  Peoria,  Putnam,  Rock  Island,  Stark,  Steph- 
enson, Warren,  Whiteside,  Will,  Winnebago  and  Woodford. 

Third  District — The  counties  of  Adams,  Brown,  Calhoun,  Cass, 
Champaign,  Christian,  Clark,  Coles.  Cumberland,  DeWitt,  Douglas, 
Edgar,  Ford,  Fulton,  Greene,  Hancock,  Jersey,  Logan.  Macon,  Ma- 
coupin, Mason,  McDonough,  McLean,  Menard,  Montgomery,  Morgan, 
Moultrie,  Piatt,  Pike,  Sangamon,  Schuyler,  Scott,  Shelby,  Tazewell 
and  Vermilion. 

Fourth  District — The  counties  of  Alexander,  Bond,  Clay,  Clinton, 
Crawford,  Edwards,  Effingham,  Fayette,  Franklin.  Gallatin,  Hamilton, 
Hardin,    Jackson,  Jasper,  Jefferson.  Johnson.  Lawrence,  Madison. 


77 

Marion,  Massac,  Monroe,  Perry,  Pope,  Pulaski,  Randolph,  RichlandT 
Saline,  St.  Clair,  Union.  Wabash,  Washington,  Wayne,  White  and 
Williamson. 

Circuit    Courts. 

&  Circuits.]  [§  73,  Ch.  37,  R.  S.]  Be  it  enacted  by  the  People 
of  the  State  of  Illinois,  represented  in  the  General  Assembly:  That 
in  lieu  of  the  circuit  courts  provided  by  law,  and  now  existing,  the 
State  of  Illinois,  exclusive  of  the  county  of  Cook,  shall  be  and  the 
same  is  hereby  divided  into  judicial   circuits,  as  follows: 

First  Circuit— The  counties  of  Alexander,  Pulaski.  Massac,  Pope, 
Johnson,  Union,  Jackson,  Williamson  and  Saline. 

Second  Circuit — The  counties  of  Hardin,  Gallatin,  White,  Hamil- 
ton, Franklin,  Wabash,  Edwards,  Wayne,  Jefferson,  Richland,  Law- 
rence and  Crawford. 

Third  Circuit—  The  counties  of  Randolph,  Monroe,  St.  Clair,  Mad- 
ison, Bond,  Washington  and  Perry. 

Fourth  Circuit — The  counties  of  Clinton,  Marion,  Clay,  Fayette, 
Effingham,  Jasper,  Montgomery,  Shelby  and  Christian. 

Fifth  Circuit — The  counties  of  Vermilion,  Edgar,  Clark,  Cumber- 
land and  Coles. 

Sixth  Circuit — The  counties  of  Champaign,  Douglas,  Moultrie, 
Macon,  DeWitt  and  Piatt. 

Seventh  Circuit — The  counties  of  Sangamon,  Macoupin,  Morgan, 
Scott.  Greene  and  Jersey.' 

Eighth  Circuit — The  counties  of  Adams,  Schuyler,  Mason,  Cass 
Brown,  Pike,  Calhoun  and  Menard. 

Ninth  Circuit — The  counties  of  Knox,  Warren,  Henderson,  Han- 
cock, McDonough  and  Fulton. 

Tenth  Circuit — The  counties  of  Peoria,  Marshall,  Putnam,  Stark 
and  Tazewell. 

Eleventh  Circuit — The  counties  of  McLean,  Livingston,  Logan, 
Ford  and  Woodford. 

Twelfth  Circuit—  The  counties  of  Will,  Kankakee  and  Iroquois. 

Thirteenth  Circuit — The  counties  of  Bureau,  LaSalle  and  Grundy. 

Fourteenth  Circuit— The  counties  of  Rock  Island,  Mercer,  White- 
side and  Henry. 

Fifteenth  Circuit—  The  counties  of  JoDaviess,  Stephenson,  Car- 
rol, Ogle  and  Lee. 

Sixteenth  Circuit— The  counties  of  Kane,  DuPage,  DeKalb  and 
Kendall. 

Seventeenth  Circuit— The  counties  of  Winnebago,  Boone,  Mc- 
Henry  and  Lake. 

4.  Election  of  Judges— Term.]  [§  74,  Ch.  37,  R.  S.]  On  the 
first  Monday  of  June,  A.  D.  1897,  there  shall  be  elected  in  each  of 
said  circuits  by  the  electors  thereof  by  the  general  ticket,  as  provided 
by  law  for  general  elections,  three  judges  of  the  circuit  court,  whose 
term  of  office  shall  be  six  years;  and  every  six  years  thereafter  there- 
shall  in  like  manner  be  elected  in  each  of  said  circuits,  three  judges, 
of  the  circuit  court,  whose  term  of  office  shall  be  as  aforesaid. 


78 

5.  Terms  of  Court.]  [§  75,  Ch.  37,  R.  S.]  The  terms  of  the  cir- 
cuit courts  in  the  respective  counties  shall  be  held  at  the  times  and 
places  now  provided,  or  which  may  hereafter  be  provided  by  law. 

6.  Repeal.]  [§  76,  Ch.  37,  R.  S.]  All  acts  and  parts  of  acts  in- 
-consistent  with  the  provisions  of  this  act  are  hereby  repealed. 

Article  XVIII. 

publication  of  propositions  to  be  voted  for. 

1.  Secretary  of  State  to  Prepare  Statement  to  be  Sub- 
mitted to  Attorney  General.]  [§  9,  Ch.  7a,  R.  S.]  Be  it  enacted 
by  the  People  of  the  State  of  Illinois,  represented  in  the  General 
Assembly:  That  whenever  any  constitutional  amendment  or  other 
proposition  required  by  law  to  be  voted  upon  before  its  adoption, 
shall  be  submitted  to  the  people,  it  shall  be  the  duty  of  the  Secretary 
of  State  to  prepare  a  statement  setting  forth  in  detail  the  section  or 
sections  of  the  Constitution  or  law  sought  to  be  amended  by  said  vote, 
together  with  such  statements  and  suggestions  as  may  be  necessary  for 
a  proper  understanding  of  said  proposition,  which  said  statements 
and  suggestions  shall  be  submitted  to  the  Attorney  General  for  his 
approval. 

2.'  Statement  to  be  Sent  to  Each  County  Clerk  ]  [§  10,  Ch. 
7a,  R.  S.]  It  shall  be  the  duty  of  the  Secretary. of  State,  after  said 
statements  and  suggestions  shall  have  been  approved  by  the  Attorney 
General  as  provided  in  section  1  of  this  act,  to  certify  to  each  county 
clerk,  under  seal,  said  statements  and  suggestions. 

3.  Statement  to  be  Published  and  Posted.]  [§  11,  Ch.  7a,  R. 
S.]  It  is  hereby  made  the  duty  of  the  county  clerk  to  have  the  state- 
ments and  suggestions  mentioned  in  sections  1  and  2  of  this  act  pub- 
lished and  posted  at  the  same  time,  in  the  same  manner  and  at  the 
same  places  that  the  sample  ballots  and  instructions  to  voters  are  re- 
quired by  law  to  be  posted. 

Article  XIX.  ' 

SUBMISSION   OF   QUESTIONS   OF   PUBLIC   POLICY. 

1.  Petition — Duty  of  Election  Officers.]  [§  428,  Ch.  46,  R. 
S.]  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  represented 
in  the  General  Assembly:  That  on  a  written  petition  signed  by  25. 
per  cent  of  the  registered  voters  of  any  incorporated  town,  village, 
oity,  township,  county  or  school  district;  or  10  per  cent  of  the  regis- 
tered votes  [voters]  of  the  State,  it  shall  be  the  duty  of  the  proper 
election  officers  in  each  case  to  submit  any  question  of  public  policy 
so  petitioned  for.  to  the  electors  of  the  incorporated  town,  village, 
city,  township,  county,  school  district  or  State,  as  the  case  may  be,  at 
any  general  or  special  election  named  in  the  petition:  Provided,  such 
petition  is  filed  with  the  proper  election  officers,  in  each  case  not  less 
than  sixty  (60)  days  before  the  date  of  the  election  at  which  the  ques- 


79 


tion  or  questions  petitioned  for  are  to  be  submitted:  Not  more  than 
three  propositions  shall  be  submitted  at  the  same  election,  and  such 
propositions  shall  be  submitted  in  the  order  of  its  filing. 

2.  Form  of  Ballot.]  [§  429,  Ch.  46,  R.  S.]  Every  question  sub- 
mitted to  electors  shall  be  printed  in  plain,  prominent  type,  upon  a 
separate  ballot,  in  form  required  by  law,  the  same  as  a  constitutional 
amendment  or  other  public  measure  proposed  to  be  voted  upon  by  the 
people. 


ARTICLE   XX. 


VOTING    MACHINES 

■§  1.  Submission  of  proposition  to  adopt 
machines— discontinuance  of  use- 
voting  machine  commissioners  shall 
approve  machines  before  adoption- 
capabilities  of  machines  prescribed. 

§  2.  Machines  must  meet  requirements 
specified. 

§  3.  Voting  machine  commissioners— con- 
stitution of  the  board. 

■§  4.  Experimental  use  of  machines  before 
adoption. 

§  5.    Payment  for  machines  provided  for. 

§  6.    Reapportionment  of  election  precincts. 

§  7.    Care  and  custody  of  machines. 

•§  8.  Requirements  for  room  where  machine 
is  used— manner  of  voting. 

§  9.    Assistance  to  certain  voters. 

§  10.  Instructions  to  voters. 

§  11.  "Ballot  label'  defined  and  form  pre- 
scribed. 


-USE   AUTHORIZED. 
§  12.  Sample  ballot  labels— display  of. 

§  13.  Sets  of  ballot  labels  shall  be  provided- 
adjustment  of  machine  before  use- 
posting  of  ballot  labels  and  instruc- 
tion cards— irregular  ballots  provided 
for. 

§  14.  Voting  for  presidential  electors. 

§  15.  Locking  machine  at  close  of  polls- 
opening  of  counting  compartment. 

§  16.  Canvassing  vote  and  making  returns- 
locking  the  counting  compartment. 

§  17.  Disposition  of  the  keys. 

§  18.  Recording  device  on  machines. 

§  19.  Tampering  with  machine  by  one  not  an 
election  officer  a  felony— penalty. 

§  20.  Tampering  with  machine  by  election 
officers  a  felon— penalty. 

§  21.  Penalty  for  any  violation  of  act. 
§  22.  Repeal. 


An  Act  to  provide  for  the  use  of  voting  machines  at  elections,  for 
casting,  registering,  recording  and  counting  ballots  or  votes;  also 
creating  a  board  of  voting  machine  commissioners,  and  defining 
,  its  duties.     [Approved  May  14,  1903.     Laws  1903,  p.  178. 
Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois 
represented  in  the  General  Assembly :     That  any  body  or  board  of 
public  officials,  or  any  officer  or  officers  charged  by  law  with  the  duty 
of  providing  material  and  supplies  for  holding  an  election  or  elections 
in  any  city,  village,  incorporated  town,  county,  precinct,  election  dis- 
trict or  other  civil  division  of  the  State,  may,  at  any  general  or  special 
election,   submit   a   proposition   to   the   qualified   voters   thereof   to 
adopt  a  voting  machine  or  voting  machines;  and,   whenever  a  ma- 
jority of  the   electors  of  any  such   city,  village  incorporated  town, 
county,  precinct,  election  district  or  other  civil  division  voting  upon 
said  proposition  shall  have  declared  therefor,  may  purchase  or  lease  a 
voting   machine   or  voting  machines  for  any  or  all  of  the  election 


80 

precincts  for  which  he,  it  or  they  are  by  law  charged  with  the  duty  of 
providing  material  and  supplies  for  holding  an  election  or  elections 
at  the  expense  of  the  city,  village,  incorporated  town,  county,  pre- 
cinct, election  district  or  other  civil  division  of  the  State  now  charg- 
able  by  law  with  the  expenses  of  the  material  and  supplies  for  hold- 
ing general  elections  in  such  civil  division  or  divisions.  If  the 
question  of  using  a  voting  machine  or  voting  machines  be  not  sub- 
mitted to  the  voters  by  the  proper  public  officials,  a  petition,  signed 
by  ten  per  cent  of  the  voters  of  any  city,  village,  incorporated  town, 
county,  precinct,  election  district  or  other  civil  division  of  the  State 
and  addressed  to  them  at  least  sixty  days  before  any  general  election 
asking  the  submission  of  the  question  of  adopting  a  voting  machine 
or  voting  machines,  shall  compel  the  submission  of  the  question  to 
the  voters  at  that  election.  Use  of  such  machines  may  be  discon- 
tinued on  resubmission  of  the  question,  and  a  vote  in  favor  thereof 
at  any  subsequent  election:  Provided,  however,  that  no  such  vot- 
ing machine  shall  be  used,  purchased,  leased  or  adopted  until  the 
board  of  voting  machine  commissioners  hereinafter  provided  for,  or 
a  majority  thereof,  shall  have  made  and  filed  a  report  certifying  that 
they  have  examined  such  machine;  that  it  affords  each  elector  an  op- 
portunity to  vote  in  absolute  secrecy;  that  it  enables  each  elector  to 
vote  a  straighc  party  ticket;  that  it  enables  each  elector  to  vote 
a  ticket  selected  in  part  from  the  nominees  of  one  party,  and  in 
part  from  the  nominees  of  any  or  all  other  parties,  and  in  part  from 
an  independent  nomination,  and  in  part  of  persons  not  in  nomina- 
tion by  any  party  or  upon  any  independent  ticket;  that  it  enables 
each  elector  to  vote  a  written  or  printed  ballot  of  his  own  selection, 
for  any  person  for  any  office  for  which  he  may  desire;  that  it 
enables  each  elector  to  vote  for  all  candidates  for  whom  he  is 
entitled  to  vote,  and  prevents  him  from  voting  for  any  candi- 
date for  any  office  more  than  once,  unless  he  is  lawfully  en- 
titled to  cast  more  than  one  vote  for  one  candidate,  and  in  that 
event  permits  him  to  cast  only  as  many  votes  for  that  candidate 
as  he  is  by  law  entitled,  and  no  more;  that  it  prevents  the  elector 
from  voting  for  more  than  one  person  for  the  same  office,  unless  he 
is  lawfully  entitled  to  vote  for  more  than  one  person  therefor,  and 
in  that  event  permits  him  to  vote  for  as  many  persons  for  thai  office 
as  he  is  by  law  entitled,  and  no  more;  and  that  such  machine  will 
register  correctly  by  means  of  exact  counters  every  vote  cast  for  the 
regular  tickets  thereon;  and  has  the  capacity  to  contain  the  tickets  of 
seven  political  parties  with  the  names  of  all  the  candidates  thereon, 
together  with  all  propositions  to  be  voted  upon,  except  that  it  maybe 
so  constructed  that  the  names  of  all  candidates  for  presidential  electors 
wiJl  not  occur  thereon,  but  in  lieu  thereof,  one  ballot  label  in  each 
party  column  or  row  shall  contain  only  the  words  "Presidential 
Electors,"  preceded  by  the  party  name;  that  all  votes  cast  on  the 
machine  on  a  regular  ballot  or  ballots  shall  be  registered;  that  voters 
may,  by  means  of  irregular  ballots  or  otherwise,  vote  for  any  person 
for  any  office,  although  such  person  may  not  have  been  nominated 
by  any  party  and  his  name  may  not  appear  on  such  machine;  then 


81 

when  a  vote  is  cast  for  any  person  for  any  such  office,  when  his  name 
does  not  appear  on  the  machine,  the  elector  cannot  vote  for  any 
name  on  the  machine  for  the  same  office;  that  each  elector  can  under- 
standingly  and  within  the  period  of  one  minute  cast  his  vote  for  all 
candidates  of  his  choice;  that  in  case  the  machine  is  so  constructed 
that  the  candidates  for  presidential  electors  of  any  party  can  be 
voted  for  only  by  voting  for  the  ballot  label  containing  the  words 
''Presidential  Electors,"  by  voting  an  irregular  ticket  as  hereinafter 
defined,  the  elector  may  vote  for  any  person  or  persons  he  may 
choose  for  presidential  electors;  that  the  machine  is  provided  with  a 
lock  or  locks  by  the  use  of  which  any  movement  of  the  voting  or 
registering  mechanism  is  absolutely  prevented  so  that  it  cannot  be 
tampered  with  or  manipulated  for  any  fraudulent  purpose;  that  the 
machine  is  susceptible  of  being  closed  during  the  progress  of  the 
voting  so  that  no  person  can  see  or  know  the  number  of  votes  regis- 
tered for  any  candidate:  Provided  also,  that  no  such  machine  or 
machines  shall  be  purchased,  unless  the  party  or  parties  making  the 
sale  shall  guarantee  in  writing  to  keep  the  machine  or  machines  in 
good  working  order  for  five  years  without  additional  cost,  and  shall 
give  a  sufficient  bond  conditional  to  that  effect. 

§  2.  The  voting  machine  or  machines  to  be  used,  adopted,  leased 
or  purchased  as  herein  provided,  must  be  so  constructed  as  to  meet 
all  requirements  specified  in  this  act. 

§  3.  The  Secretary  of  State  and  two  persons  appointed  by  the 
Governor,  who  shall  be  mechanical  experts  and  not  members  of  the 
same  political  party,  shall  constitute  a  board  of  voting  machine  com- 
missioners. Their  term  of  office  shall  be  four  years,  except  that  the 
commissioners  appointed  by  the  Governor  shall  be  subject  to  removal 
at  his  pleasure,  and  that  any  Secretary  of  State  on  surrendering  the 
duties  of  his  office  shall  be  succeeded  on  the  board  by  the  succeed- 
ing Secretary  of  State.  If  the  office  of  Secretary  of  State  for  any 
reason  shall  become  vacant,  the  Attorney  General  of  the  State  shall 
be  a  member  of  the  board  until  the  office  of  Secretary  of  State  is 
filled.  No  member  of  the  board  shall  have  any  interest  in  any  vot- 
ing machine.  Any  person  or  corporation  owning  or  being  interested 
in  any  voting  machine  may  apply  to  said  board  to  examine  such  ma- 
chine and  report  on  its  accuracy,  efficiency,  capacity  and  safety. 
The  commissioners  shall  examine  the  machine  and  make  full  report 
thereon,  in  the  office  of  the  Secretary  of  State.  They  shall  state  in 
the  report  whether  or  not  the  kind  of  machine  so  examined  complies 
with  the  requirements  of  this  act,  and  can  be  safely  used  by  voters 
at  elections  under  the  conditions  prescribed  in  this  act.  If  the  re- 
port be  in  the  affirmative  upon  said  questions  the  machine  shall  be 
deemed  approved  by  the  board,  and  machines  of  its  kind  may  be 
adopted  for  use  at  elections  as  herein  provided.  When  the  machine 
has  been  so  approved  any  improvement  or  change  that  does  not  im- 
pair its  accuracy,  efficiency,  capacity  or  safety  shall  not  render  nec- 
essary a  re-examination  or  re-approval  thereof.  Any  form  of  voting 
machine  not  so  approved  cannot  be  used  at  any  elections.  Each  of 
the  two  mechanical  experts  on  the  board  shall  be  entitled  to  one  hun- 

— 6  E  L 


82 

dred  dollars  ($100)  for  his  compensation  and  expenses  in  making 
such  examination  and  report,  to  be  paid  by  the  person  or  corporation 
applying  for  such  examination,  which  sum  may  be  demanded  in  ad- 
vance of  making  the  examination  and  which  shall  be  the  sole  com- 
pensation to  be  received  by  any  such  expert.  The  board  may,  if  it 
consents  to  do  so,  go  to  any  point  in  the  State  for  the  purpose  of 
examining  a  machine,  but  it  shall  not  be  compelled  to  make  such  ex- 
amination at  any  place  other  than  the  capital  of  the  State:  Provided, 
that  each  of  the  two  commissioners  appointed  as  mechanical  experts 
shall  not  receive  and  retain  to  exceed  fifteen  hundred  dollars  ($1,500) 
and  reasonable  expenses  in  any  one  year,  and  all  sums  collected  for 
such  examinations,  over  and  above  said  maximum  salaries  and  rea- 
sonable expenses,  shall  be  turned  into  the  State  treasury. 

§  4.  The  authorities  of  any  city,  village,  incorporated  town, 
county,  precinct,  election  district  or  other  civil  division  authorized 
by  section  1  of  this  act  to  adopt  a  voting  machine  or  voting  machines, 
may  provide  for  the  experimental  use,  at  any  election  or  elections,  in 
one  or  more  election  precincts,  of  a  machine  which  it  might  lawfully 
adopt,  without  a  formal  adoption  thereof,  and  its  use  at  such  elections 
shall  be  as  valid  for  all  purposes  as  if  it  had  been  lawfully  adopted. 

§  5.  The  local  authorities,  on  the  adoption  and  lease  or  purchase 
of  a  voting  machine  or  voting  machines,  may  provide  for  the  pay- 
ment thereof  in  such  manner  as  may  be  deemed  for  the  best  interest 
of  the  city,  village,  incorporated  town  or  county.  They  may  for  that 
purpose  make  leases,  issue  bonds,  certificates  of  indebtedness,  or  other 
obligations,  which  shall  be  a  charge  on  the  city,  village,  incorporated 
town  or  county.  Such  bonds,  certificates  or  other  obligations  may 
be  issued  with  or  without  interest,  payable  at  such  time  or  times  as 
the  authorities  may  determine,  but  shall  not  be  issued  or  sold  at  less 
than  par. 

§  6.  For  any  election  in  any  city,  village,  incorporated  town, 
county,  election  district  or  other  civil  division  in  which  voting  ma- 
chines are  to  be  used,  the  election  precincts  in  which  such  machines 
are  to  be  used  may  be  created  by  the  officers  charged  with  the  duty 
of  creating  election  precincts  so  as  to  contain  as  near  as  may  be  six 
hundred  voters  each.  Such  redistricting  or  redi vision  shall  be  made 
under  such  regulation  as  to  time  and  manner  as  are  now  provided 
by  law.  Thereafter,  so  long  as  voting  machines  are  used,  no 
redivision  of  such  election  precinct  shall  be  made  until  at  some  gen- 
eral election  the  number  of  votes  cast  in  one  or  more  of  such  precincts 
shall  exceed  seven  hundred. 

§  7.  The  local  authorities  adopting  a  voting  machine  or  voting 
machines,  shall,  as  soon  as  practicable  thereafter,  provide  for  each 
polling  place  a  voting  machine  in  complete  working  order,  and  shall 
thereafter  preserve  and  keep  it  in  repair,  and  shall  have  the  custody 
thereof,  and  of  the  furniture  and  equipment  of  the  polling  place 
when  not  in  use  at  an  election.  If  it  shall  be  impracticable  to  supply 
each  election  precinct  with  a  voting  machine  at  the  election  follow- 
ing such  adoption,  as  many  may  be  supplied  as  it  is  practicable  to 


83 

procure  and  the  same  may  be  used  in  such  election  precinct  or  pre- 
cincts within  the  city,  village,  incorporated  town,  county,  election 
district  or  other  civil  division,  as  the  officers  adopting  the  same  may 
direct. 

§  8.  The  room  in  which  the  election  is  held  shall  have  a  railing 
separating  the  part  of  the  room  occupied  by  the  judges  and  clerks  of 
election  from  that  part  of  the  room  occupied  by  the  voting  machine. 
The  exterior  of  the  voting  machine,  and  every  part  of  the  polling 
place  shall  be  in  plain  view  of  the  election  officers.  The  voting 
machine  shall  be  placed  at  least  three  feet  from  every  wall  and  par- 
tition of  the  polling  place,  and  at  least  four  feet  from  any  election 
officer  or  table  used  by  them,  and  it  shall  be  so  placed  that  no  per- 
son on  the  opposite  side  of  the  railing  can  see  or  determine  from  the 
outside  of  the  room  how  the  voter  casts  his  vote.  After  the  opening 
of  the  polls,  the  election  judges  shall  allow  no  person  to  pass  within 
the  railing  to  the  part  of  the  room  where  the  machine  is  situated, 
except  for  the  purpose  of  voting,  except  as  is  provided  in  the  next 
succeeding  section  of  this  act;  and  they  shall  not  permit  more  than 
one  voter  at  a  time  to  be  in  such  part  of  the  room.  They  shall  not 
themselves  remain,  or  permit  any  other  person  to  remain  in  any  posi- 
tion, or  near  any  position  that  would  permit  one  to  see  or  ascertain 
how  a  voter  votes,  or  how  he  has  voted.  No  voter  shall  remain  within 
the  voting  booth  or  compartment  longer  than  one  minute,  and  if  any 
voter  shall  refuse  to  leave  after  the  lapse  of  that  time,  he  shall  at 
once  be  removed  by  the  election*  officers,  or  upon  their  order. 

§  9.  Any  voter  who  may  declare  upon  oath  that  he  cannot  read 
the  English  language,  or  that  by  reason  of  physical  disability  he  is 
unable  to  use  the  voting  machine,  shall,  upon  request,  be  assisted  by 
two  of  the  election  officers  of  different  parties  to  be  selected  from  the 
judges  and  clerks  of  the  precinct  in  which  they  are  to  act,  to  be 
designated  by  the  judges  of  election  at  the  opening  of  the  polls. 
Such  officers,  in  the  voter's  presence  and  in  the  presence  of  each 
other,  shall  register  his  vote  upon  the  machine  for  the  candidates  of 
his  choice,  and  shall  thereafter  give  no  information  regarding  the 
same.  The  clerks  of  election  shall  enter  upon  the  poll  list  after  the 
name  of  any  elector  who  received  such  assistance  in  registering  his 
vote,  a  memorandum  of  the  fact.  Intoxication  shall  not  be  regarded 
as  a  physical  disability,  and  no  intoxicated  person  shall  be  entitled 
to  assistance  in  registering  his  vote. 

§  10.  In  case  any  elector  after  entering  the  voting  machine  booth 
shall  ask  for  further  instructions  concerning  the  manner  of  voting, 
two  judges  of  opposite  political  parties  shall  give  such  instructions 
to  him;  but  no  judge  or  other  election  officer,  or  person  assisting  an 
elector,  shall  in  any  manner  request,  suggest  or  seek  to  persuade,  or 
induce  any  such  elector  to  vote  any  particular  ticket,  or  for  any  par- 
ticular candidate,  or  for  or  against  any  particular  amendment,  ques- 
tion or  proposition.  After  receiving  such  instructions,  such  elector 
shall  vote  as  in  the  case  of  an  unassisted  voter. 

§  11.  That  portion  of  cardboard,  paper  or  other  material  placed 
on  the  front  of  the  machine  and  containing  the  names  of  the  candi- 


84 

dates,  or  a  statement  of  the  proposed  constitutional  amendment  or 
other  question  or  proposition  to  be  voted  on,  shall  be  known  in  this 
act  as  a  ballot  label.  The  ballot  label  shall  be  supplied  by  the  offi- 
cial or  officials  charged  by  law  with  providing  material  for  the  hold- 
ing of  an  election  or  elections,  and  shall  be  printed  in  black  ink  on 
clear  white  material  of  such  size  as  will  fit  the  machine,  and  in  plain, 
clear  type,  as  large  as  the  space  will  reasonably  permit.  The  party 
name  or  other  designation  shall  be  prefixed  to  the  list  of  candidates 
of  such  party  The  order  of  the  lists  of  candidates  of  the  several 
parties  shall  be  arranged  as  is  now  provided  by  law,  except  that  the 
lists  may  be  placed  in  horizontal  rows  or  vertical  columns,  which 
parties  may,  if  desired,  be  divided  into  parallel  and  contiguous  rows 
or  columns,  and  except  that  where  presidential  electors  are  to  be 
voted  for  at  any  election,  and  the  machine  to  be  used  will  not  carry 
the  names  of  all  candidates  for  such  electors,  then  there  may  be 
placed  on  the  ballot  label  the  words  "Presidential  Electors,"  under 
the  name  of  each  political  party. 

§  12.  The  officers  or  board  charged  with  the  duty  of  providing 
ballots  and  ballot  labels  for  any  polling  place  shall  provide  therefor 
two  sample  ballot  labels,  which  shall  be  arranged  in  the  form  of  a 
diagram,  showing  the  entire  front  of  the  voting  machine  as  it  will 
appear  after  the  official  ballot  labels  are  arranged  for  voting  on  elec- 
tion day.  Such  sample  ballot  labels  shall  be  displayed  for  public 
inspection  at  such  polling  place  during  the  day  preceding  election 
day. 

§  13.  Four  sets  of  ballot  labels  for  use  in  the  voting  machine  shall 
be  provided  for  each  polling  place  for  each  election  by  the  officer  or 
officers  now  charged  by  law  with  the  duty  of  furnishing  such  elec- 
tion precincts  with  ballots.  In  such  manner  shall  be  furnished,  also, 
all  other  necessary  material  for  the  use  of  the  voting  machines.  The 
same  officer  or  officers  shall,  before  the  day  of  election,  cause  the 
proper  ballot  labels  to  be  put  upon  each  machine  corresponding  with 
the  sample  ballot  labels  herein  provided  for,  and  the  machine  in 
every  way  to  be  put  in  order,  set  and  adjusted,  ready  for  use  in  vot- 
ing when  delivered  at  the  precinct;  and  for  the  purpose  of  so  label- 
ing the  machine,  putting  in  order,  setting  and  adjusting  the  same 
they  may  employ  one  or  more  competent  persons,  and  cause  him  or 
them  to  be  paid  in  the  same  manner  as  other  election  officers  are 
paid.  And  the  same  officer  or  officers  shall  cause  the  machine  so 
labeled  in  order,  set  and  adjusted,  to  be  delivered  at  the  voting  pre- 
cinct, together  with  all  necessary  furniture  and  appliances  that  go 
with  the '  same,  in  the  room  where  the  election  is  to  be  held  in  the 
precinct,  not  later  than  6:00  o'clock,  p.  m.  of  the  day  preceding  the 
election.  After  the  delivery  of  the  machine,  and  on  the  same  day,  the 
judges  and  clerks  of  election  of  the  precinct  may  meet  at  said  room, 
open  the  package  containing  the  sample  ballots,  and  if  necessary  the 
ballot  labels,  and  see  that  the  machine  is  correctly  labeled,  set  and 
adjusted  ready  for  use  in  voting;  and  if  the  same  is  not  so  labeled, 
set  and  adjusted  and  in  order,  they  shall  cause  it  to  be  done.     On  the 


85 

morning  of  the  election,  the  election  officers  shall  meet  in  the  said 
room  at  least  one  hour  before  the  time  for  opening  the  polls.  They 
shall  see  that  the  sample  ballot  labels  and  instruction  cards  are  posted 
properly,  and  everything  put  in  readiness  for  the  voting  at  the  hour 
of  opening  the  polls.  The  officers  shall  compare  ballot  labels  on  the 
machine  with  the  sample  ballots,  see  that  they  are  correct,  examine 
and  see  that  all  the  counters  in  the  machine  are  set  at  naught  or  zero 
(0),  and  that  the  machine  is  otherwise  in  perfect  order,  and  they 
shall  not  thereafter  permit  the  counters  to  be  operated  or  moved  ex- 
cept by  electors  in  voting,  and  they  shall  also  see  that  all  necessary 
arrangements  and  adjustments  are  made  for  voting  irregular  ballots 
on  the  machine. 

§  14.  Ballots  voted  for  any  person  whose  name  does  not  appear 
on  the  ballot  label  on  the  machine  as  a  candidate  for  office,  are  herein 
referred  to  as  irregular  ballots.  In  voting  for  presidential  electors, 
a  voter  may  vote  an  irregular  ticket  made  up  of  the  names  of  persons 
in  nomination  by  different  parties,  or  partially  of  the  names  of  per- 
sons so  in  nomination  and  partially  of  persons  not  in  nomination  by 
any  party.  Such  irregular  ballots  shall  be  deposited,  written  or  af- 
fixed in  or  upon  the  receptacle  or  device  provided  on  the  machine 
for  that  purpose. 

§  15.  As  soon  as  the  polls  are  closed,  the  voting  machine  shall 
be  locked  against  voting,  and  the  counting  compartment  opened  in 
the  presence  of  all  the  judges  and  clerks  of  election,  and  all  other 
persons  who  may  be  lawfully  within  the  room,  giving  full  view  of  the 
numbers  announcing  the  votes  cast  for  each  candidate,  and  for  and 
against  the  various  constitutional  amendments,  questions  or  other 
propositions. 

§  16.  The  election  officers  shall  then  ascertain  the  number  of 
votes  which  the  candidates  have  received  both  on  the  machine  and 
by  the  voting  of  irregular  ballots,  if  any,  and  one  of  the  judges  shall 
publicly  announce  in  a  distinct  voice  the  total  vote  for  each  candi- 
date thus  ascertained  in  the  order  of  the  offices  as  their  titles  are  ar- 
ranged on  the  ballot  label.  He  shall  then  announce  in  the  same 
manner  the  vote  on  each  constitutional  amendment,  proposition  or 
other  question.  Before  leaving  the  room  and  before  closing  and 
locking  the  counting  compartment,  the  election  officers  shall  make 
and  sign  written  statements  or  returns  of  such  election,  as  now  re- 
quired by  law.  When  irregular  ballots  have  been  voted,  they  shall 
be  returned,  preserved  and  finally  destroyed  as  is  now  provided  by 
law  in  the  case  of  other  election  ballots.  The  written  statements  or 
returns  so  made,  after  having  been  properly  signed,  shall  be  dis- 
tinctly and  clearly  read  in  the  hearing  of  all  persons  present,  and 
ample  opportunity  shall  be  given  to  compare  the  results  so  certified 
with  the  counter  dials  of  the  machine.  After  such  comparison  and 
correction,  if  any  is  made,  the  election  officers  shall  then  close  the 
counting  compartment  and  lock  the  same.  Thereafter  the  machine 
shall  remain  locked  for  a  period  of  at  least  thirty  days,  unless  other- 
wise ordered  by  a  court  of  competent  jurisdiction. 


86 

§  17.  When  the  machine  is  locked  at  the  close  of  an  election  in 
the  manner  required  by  this  act,  the  judges  shall  place  all  keys  of 
the  machine  on  a  single  piece  of  flexible  wire:  unite  the  ends  of  such 
wire  in  a  firm  knot,  label  the  same  with  the  make  and  number  of  the 
machine  and  the  precinct  at  which  it  was  used  at  such  election,  and 
return  such  keys  along  with  the  written  statements  or  returns  of  such 
election. 

§  18.     A  voting  machine  which  possesses  all  the  qualities  required 

by  this  act,  may  be  supplied  in  addition  with  any  recording  device 

on  which  all  the  votes  registered  on  the  mechanical  counters  will  be 

separately  recorded.     When  a  machine  is  supplied  with  such  device, 

\Mi  same  shall  not  be  taken  out  or  examined  by  the  election  officers 

gwno  /make     the     return     from    the    precinct,    but    such    machine 

-f«hall  be  locked  with  such  device  therein,  and  so  remain  for  a  period 

^*  of  at  least  thirty  days,  unless  within  that  time  the  machine  shall  be 

v?    ordered  opened   by   some  court  of  competent  jurisdiction.     At  the 

./*       end  of  thirty  days,  such  device  may  be  taken  out,  unless  otherwise 

ordered  by  a  court  of  competent  jurisdiction. 

§  19.  Any  person,  not  an  election  officer  or  other  public  officer, 
who  shall  tamper  or  attempt  to  tamper  with  such  voting  machine  or 
voting  machines,  or  in  any  way  intentionally  impair  or  attempt  to 
impair  its  use,  and  any  such  person  who  shall  be  guilty  of  or  shall 
attempt  any  dishonest  practice  upon  any  such  machine,  or  with  or 
by  its  use,  shall  be  deemed  guilty  of  a  felony,  and  shall  be  punish- 
able by  a  fine  of  from  $100  to  $1,000,  or  by  imprisonment  for  a  term 
of  from  one  to  five  years,  or  by  both  fine  and  imprisonment. 

§  20.  Any  clerk  or  judge  of  an  election,  or  any  other  public 
officer  authorized  to  take  part  in  the  holding  of  an  election  or  in  pre- 
paring for  an  election,  who,  with  intent  to  cause  or  permit  any  vot- 
ing machine  to  fail  to  register  correctly  all  votes  cast  thereon;  who 
tampers  with,  or  disarranges  such  machine  in  any  way,  or  any  part 
or  appliance  thereof,  or  who  causes  or  consents  to  said  machine 
being  used  for  voting  at  any  election  with  knowledge  of  the  fact  that 
the  same  is  not  in  order,  or  not  perfectly  set  and  adjusted  so  that  it 
will  correctly  register  all  votes  cast  thereon;  or  who,  with  the  pur- 
pose of  defrauding  or  deceiving  any  voter,  or  of  causing  it  to  be 
doubtful  for  what  ticket  or  candidate  or  candidates  or  proposition 
any  vote  is  cast,  or  of  causing  it  to  appear  on  said  machine  that 
votes  cast  for  one  ticket,  candidate  or  proposition,  were  cast  for 
another  ticket,  candidate  or  proposition,  removes,  changes  or  muti- 
lates any  ballot  label  on  said  machine  or  any  part  thereof,  or  does 
any  other  thing  intended  to  interfere  with  the  validity  of  the  elec- 
tion, shall  be  deemed  guilty  of  a  felony,  and,  upon  conviction,  shall 
be  imprisoned  in  the  State  prison  not  less  than  one  year  nor  more 
than  ten  years,  to  which  may  be  added  a  fine  not  exceeding  $1,000. 

§  21.  Any  public  officer,  or  any  election  officer  upon  whom  any 
duty  is  imposed  by  this  act,  and  who  shall  wilfully  omit  or  neglect 
to  perform  such  duty,  or  who  shall  do  any  act  prohibited  herein  for 
which  punishment  is  not  otherwise  provided  herein,  shall,  upon  con- 
viction, be  imprisoned  in  the  State  prison  for  not  less  than  one  year 


87 


nor  more  than  ten  years,  or  be  fined  in  any  sum  not  exceeding 
$1,000,  or  may  be  punished  by  both  such  imprisonment  and  fine. 

§  22.  All  the  provisions  of  the  election  law,  not  inconsistent  with 
this  act,  shall  apply  to  all  the  elections  in  the  precincts  where  such 
voting  machines  are  used.  Any  provisions  of  law  which  conflict 
with  the  use  of  such  machine  or  machines  as  herein  set  forth,  shall 
not  apply  to  the  precinct  or  precincts  in  which  an  election  is  con- 
ducted by  the  use  of  such  machine  or  machines. 

Approved  May  14,  1903. 


§i. 


What  candidates  shall  be  nominated  at 
primaries— judicial  candidates  ex- 
cepted. 


Article  XXI. 

PRIMARY    ELECTIONS. 

(The  Primary  Law  of  1905.) 

§  24.    Names  on  ballot. 


4- 


§    2.    Nominations  by  petitions  authorized. 

\X  3.    Political  party  defined. 

§    4.    Primary  precinct  defined. 

§    5.    Primary   elections— when    and    where 
held. 

§    6.    County  central  committee— action  be- 
fore each  primary  election. 

§    7.  County  conventions— when  held. 

§    8.  Notice  of  election. 

§    9.  Judges  of  election. 

§  10.  Judges  to  fill  vacancies. 

§11.  Oath  of  judges. 

§  12.  Administration  of  oath  to  judges. 

§  13.  Duties  of  judges. 

§  14.  Payment  of  judges. 

§  15.  Challengers. 

§  16.  Section  21,  act  of  1891  applies. 

§  17.  Ballot  boxes. 

§  18.  Election  supplies. 

§  19.  Registry  poll  book— form  prescribed. 

§20.  Tally  sheet— form  prescribed. 

§  21.    Declaration    of    candidate— form    pre-  i 
scribed. 

§  22.    Candidate  for  Governor— form  of  dec- 
laration—United States  Senator. 

§  23.    Congressional   and   legislative   candi- 
dates—form of  declnraticn. 


§  25.    Method  of  voting.  Cfo     ,0    <J- 


*  %. 


\ 


v* 
G 


% 


4> 


§  26.  Form  of  ballot. 

§  27.  Form  of  ballot  continued. 

§28.  Opening  of  polls. 

§  29.  Ballot  boxes  shall  be  opened 

§  30.  Who  may  vote. 

§  31.  Manner  of  voting. 

§  32.    Affidavit  of  challenged  voter— affidavit 
of  witness. 

§  33.  Marking  the  ballot. 

§  34.  Depositing  the  ballot. 

§  35.  Assistance  to  voter. 

§  36.  No  adjournment  permissible. 

§  37.  Canvassing  of  vote. 

§  38.  How  canvass  shall  be  conducted. 

§  39.    Tally    sheets— how    certified— registry 
poll  books. 

§  40.    Stringing  of  ballots. 

§  41.    Completion  of  canvass. 

§  42.    Certificates  of  judges. 

§43.    Precinct    committeemen— term     of 
office. 

§  44.    Judges  shall  issue  credentials. 

§  45.    Form  of  credentials. 

§  46.    County  conventions— organization  of. 

§  47.    County  convention— proceedings  reg- 
ulated. 

§  48.  pr^WgbPHmtryifteetfon  Law 
was  declared  unconstitutiona' 

by  ''-  Illinois  Supreme  C. 


88 


§  49. 

Tabulation  of  returns. 

§  84. 

§  50. 

Primary  election  contest  regulated. 

§51. 

State  conventions,   when   held— sena- 
torial conventions,   when  held— con- 
gressional conventions,  when  held. 

§  85. 

§  86. 
§  87. 

§  52. 

Candidates  must  comply  with  provis- 
ions of  act— vacancies  on  ticket,  how 
filled. 

§  88. 

§  89. 

§  53. 

Delegates  present  shall  cast  full  vote. 

§  90. 

§  54. 

Challenging  vote  in  convention. 

§  91. 

§  55. 
§  56. 

Delegates  to   State   convention,   how 
elected. 

Nomination  of  Governor. 

§  92. 
§  93. 
§  94. 

§57. 

Nomination    of   congressional   candi- 
dates. 

§95. 

§58. 

Nomination  of  legislative  candidates. 

§59. 

Release  from  instructions. 

§  96. 

§  60. 

Sale  of  liquor,  penalties. 

§  97. 

§  61. 

Special  elections. 

§  98. 

§  62. 

Vacancies  on  ticket. 

§  99. 

§  63. 

No  voting  by  proxy. 

§  100. 

§  64. 

Duty  of  grand  jury. 

§  101. 

APPLICABLE  IN  COOK  COUNTY. 

§  102. 

§  65. 

Following    sections    apply    to   Cook 
county  only. 

§  103. 

§  66. 

Different  conventions  defined— where 
held. 

§  104. 
§  105. 

§67. 

Primary  elections,  when  held. 

§  106. 

§68. 

Who  may  hold— call  for  primary . 

§69. 

Signing  of  call— filing. 

§  107. 

§  70. 

Notice  of  election. 

§  108. 

§71. 

Election  precincts,  how  constituted. 

§  109. 

§  72. 

Appointment  of   judges  and  clerks- 
oath. 

§  110. 

§  73. 

General  election  laws  apply. 

§  111. 

§  74. 

Expense  of  primaries— how  defrayed. 

§  112. 

§  75. 

Pay  of  judges  and  clerks. 

§  113. 

§  76. 

Who  may  vote. 

§  114. 

§  77. 

Qualification  of  delegates. 

§  78. 

Nomination  of  Governor— form  of  dec- 
laration—United States  Senator. 

§  115. 
§116. 

§  79. 

Congressional  and   legislative   candi- 
dates. 

§  117. 

§  80. 

Compliance  with  act  required. 

§  118. 

§  81. 

Section  21,  act  of  1891  applies. 

§  119. 

§  82. 

Marking  the  ballot. 

§  83. 

Nomination  of  Governor. 

§  120. 

Nomination  of  congressional,  senator- 
ial and  municipal  candidates. 

Manner  of  voting . 

Opening  and  closing  of  polls. 

Exhibition  of  ballot  box. 

Form  of  poll  book. 

Duties  of  judges  and  clerks. 

Challengers. 

Policemen  at  polls. 

Further  powers  of  judges. 

Canvassing  the  vote . 

No  adjournment  permissible— declara- 
tion of  result. 

Certificates  of  judges— when  conven- 
tion shall  be  held . 

Special  elections. 

Penalties. 

Refusal  to  canvass  vote. 

Making  false  canvass  or  false  return. 

Refusal  to  sign  certificate. 

Absence  of  judge  or  clerk  from  polls. 

Wrongful  exclusion  of  vote. 

Certain  acts  declared  felonies. 

Other  violations  of  act. 

Other  violations  declared  felonies. 

Other  violations  declared  misdemean- 
ors. 

Other  misdemeanors 

Other  misdemeanors. 

Other  misdemeanors. 

Other  misdemeanors. 

Other  misdemeanors. 

Other  misdemeanors. 

Other  misdemeanors. 

,  Certain  violations  declared  felonies. 

,  Violations  not  enumerated  in  act. 

,  Penalty  for  misdemeanor— penalty  for 
felonies. 

.  Householder  defined. 

Prosecutions  under  this  act. 

.  Irregularities  in  mode  of   call,    etc.— 
when  act  becomes  effective. 

.  Repeal. 


89 

An  Act  to 'provide  for  the  holding  and  regulation  of  primary  elections. 
Approved  May  18,  1905.     Laws  1905,  p.  213. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  oj  Illinois, 
represented  in  the  General  Assembly:  That  hereafter  the  nomina- 
tion for  candidates  for  Governor,  Representative  in  Congress,  Mem- 
bers of  the  General  Assembly,  all  county  officers  and  all  officers  of 
any  city,  village  or  incorporated  town  organized  under  any  general  or 
special  act  of  this  State,  by  all  political  parties  as  denned  in  this  act 
shall  be  made  by  means  of  a  primary  election  under  the  provisions 
hereof.  This  act  shall  not  apply  to  cities,  villages  or  incorporated 
towns  having  a  population  of  less  than  1,000,  as  ascertained  by  the 
last  preceding  Federal  census :  Provided,  further,  this  act  shall  not 
apply  to  the  nominations  of  candidates  for  judges  of  the  Supreme  and 
circuit  courts,  to  county  commissioners  in  counties  not  under  town- 
ship organization. 

§  2.  Nothing  in  this  act  contained  shall  be  construed  to  prevent 
nomination  of  candidates  for  any  office  or  offices  by  petition,  by  any 
party  as  herein  [therein]  defined,  pursuant  to  the  provisions  of  sections 
4,  5  and  6  of  an  act  entitled  "An  act  to  provide  for  the  printing  and  dis- 
tribution of  ballots  at  public  expense,  and  for  the  nomination  for  candi- 
dates for  public  office,  to  regulate  the  manner  of  holding  elections, 
and  to  enforce  the  secrecy  of  the  ballot,"  approved  June  22,  1891,  in 
force  July  1,  1891:  Provided,  that  the  petition  for  such  nomination 
shall  be  filed  with  the  proper  officers  on  or  before  12  o'clock,  noon,  of 
the  day  previous  to  the  day  fixed  for  the  primary  election  under  the 
provisions  of  this  act. 

§  3.  A  political  party  under  the  provisions  of  this  act  shall  be  held 
to  mean  a  party  which,  at  the  last  preceding  presidential  election, 
cast  for  its  candidates  for  electors  at  least  ten  per  cent  of  the  total  votes 
cast  at  said  election.  No  political  party  which,  at  the  last  preceding 
presidential  election,  cast  for  its  candidates'  presidential  electors  less 
than  ten  per  cent  of  the  total  vote  of  the  State  shall  be  allowed  to 
place  the  names  of  its  candidates,  or  any  of  them,  upon  any  primary 
ballot. 

§  4.  Each  election  precinct  now  established,  or  which  may  here- 
after be  established,  for  the  purpose  of  a  general  election,  shall  con- 
stitute a  primary  district  under  this  act:  Provided,  that  where  an 
election  precinct  is  or  hereafter  may  be  divided  into  election  districts, 
each  election  district  shall  constitute  a  primary  district  under  this 
act. 

§  5.  A  primary  election,  under  this  act,  shall  be  held  in  each  pri- 
mary district,  at  the  regularly  established  place  for  holding  general 
elections,  on  the  last  Saturday,  in  April,  A.  D.  1906,  and  on  the  last 
Saturday  in  April  every  two  years  thereafter,  except  that  the  primaries 
for  cities,  villages  and  incorporated  towns  shall  be  held  on  the  first 
Saturday  of  March  in  the  years  in  which  their  officers  are  to  be  elected. 
The  polls  of  said  primary  election  shall  be  open  from  12  m.  o'clock 
to  7  p.  m.  o'clock. 

§  6.  At  least  thirty  days  before  a  primary  election,  the  county 
central  committee  of  each  political  party  shall  hold  a  meeting,  a  notice 


90 

of  which  shall  be  sent  to  each  member  of  said  committee  at  least  one 
week  prior  to  the  date  of  said  meeting.  And  at  said  meeting  the  said 
county  central  committee  shall  first  determine  whether  or  not  the 
several  county  officers  shall  be  nominated  at  the  primary  election, 
or  by  the  delegates  chosen  at  such  primary  to  the  county  convention, 
but  in  case  the  names  of  all  candidates  for  county  offices  shall  be 
printed  in  a  vertical  column  on  the  primary  ballot  and  the  candidate 
who  shall  receive  the  highest  number  of  votes  shall  have  the  vote  of 
all  the  delegates  from  the  primary  district  as  hereinafter  provided,  and 
if  the  said  committee  shall  determine  that  said  officers  shall  be  nom- 
inated by  primary  ballot  at  such  primary,  they  shall  next  determine 
whether  said  officers  shall  be  nominated  by  a  majority  or  plurality 
vote  at  such  primary,  and  said  committee  shall  also  file  in  the  county 
clerk's  office  of  the  respective  county,  a  call  for  the  county  convention 
of  its  party.  Said  call  shall  state  the  time  and  place  of  holding  the 
county  convention,  the  offices  for  which  candidates  will  be  nominated 
at  said  primary;  the  total  number  of  delegates  which  shall  compose 
the  convention,  and  the  number  of  delegates  to  which  each  primary 
district  will  be  entitled  in  the  convention.  And  said  call,  if  the 
county  candidates  are  to  be  nominated  at  such  primary,  shall  state 
whether  the  nominations  for  said  county  officers  shall  be  made  by  a  ma- 
jority or  plurality  vote.  The  decision  of  said  committee  on  the  ques- 
tion of  making  the  nominations  at  the  primary  election  and  whether 
by  a  majority  or  plurality  vote  shall  be  ascertained  by  a  yea  and  nay 
roll  call  of  the  committee,  which  roll  call  shall  be  certified  to  by  the 
chairman  and  secretary  of  the  committee  to  the  county  clerk  and  filed 
with  the  call  for  such  convention.  No  committeeman  shall  be  per- 
mitted to  name  a  proxy  or  to  vote  thereby,  but  every  such  committee- 
man, if  unable  to  be  personally  present,  shall  notify  the  committee  in 
writing  how  his  vote  shall  be  cast  on  the  question  of  nominating  by  a 
majority  or  plurality  vote  at  said  primary;  the  chairman  of  the  county 
committee  shall  publicly  read  and  announce  such  vote  of  such  absent 
committeeman  and  the  same  shall  be  recorded  on  roll  call  in  like 
manner  as  those  who  are  present,  and  said  call  shall  be  signed  by  the 
chairman  and  attested  by  the  secretary  of  the  county  central  commit- 
tee. In  case  there  shall  be  in  any  county  of  the  State  more  than  one 
county  central  committee  claiming  to  be  the  regular  committee,  then, 
in  that  case,  the  county  central  committee  that  was  selected  by  the 
nominating  convention  of  1904  and  whose  candidates  were  placed  on 
the  official  ballot  shall  be  recognized  as  the  county  central  committee 
to  make  this  call:  Provided,  that  each  primary  district  shall  be  en- 
titled to  at  least  one  delegate  to  each  county  convention. 

§  7.  All  county  conventions  shall  be  held  on  the  Thursday  next 
following  a  primary  election  as  herein  provided. 

§  8.  At  least  fifteen  days  before  each  primary  election,  the  county 
clerk  of  each  county,  or  the  clerk  of  any  city,  village  or  incorporated 
town,  as  the  case  may  be,  shall  prepare  a  printed  or  partly  printed 
and  partly  written  notice  of  such  primary  election  for  each  primary 
district  in  his  county,  village,  or  incorporated  town  embraced  in  this 


91 

act,  which  notice  shall  state  the  time  and  place  for  holding  the 
primary  election,  the  hours  during  which  the  polls  will  be  open,  the 
offices  for  which  candidates  will  be  voted  for  at  such  primary  election, 
the  political  parties  entitled  to  participate  therein,  and  the  number  of 
delegates  which  the  primary  district  is  entitled  to  in  the  county  con- 
vention of  each  political  party,  and  shall  publish  such  notice  in  at 
least  one  newspaper  (if  there  be  one  published  in  the  territory  where 
such  primary  election  is  held),  and  shall  also  mail  two  copies  of  said 
notice  to  each  primary  election  judge.  And  it  shall  be  the  duty  of 
the  several  primary  election  judges  to  post  said  notices  in  public  and 
conspicuous  places  in  their  respective  primary  districts  at  least  ten 
days  before  the  primary  election  in  all  counties,  cities,  villages  or  in- 
corporated towns,  as  herein  provided.  The  clerk  thereof  shall  pre- 
pare such  primary  election  call  in  accordance  with  the  requirements 
of  this  section. 

§  9.  The  judges  of  general  elections  in  each  election  precinct 
and  where  an  election  precinct  is  divided  into  election  districts,  the 
judges  of  general  elections  in  each  election  district  shall  be  and  are 
hereby  constituted  judges  of  primary  elections  in  their  respective 
primary  districts.  The  judges  of  the  county  court  of  the  several 
counties  to  which  this  act  shall  apply  are  hereby  given  power  either 
in  term  time  or  vacation  to  hear  and  determine  any  complaints  which 
may  be  made  by  the  qualified  voters  of  any  county  against  any  judge 
or  judges  of  elections  for  violation  of  their  duties  imposed  upon  them 
and  said  judges  are  hereby  vested  with  a  general  supervision  and 
power  over  all  primary  election  officers  upon  whom  duties  are  imposed 
in  order  that  the  purposes  of  this  act  may  be  fully  executed. 

§  10.  If,  at  the  time  for  the  opening  of  a  primary  election,  one  of 
the  primary  judges  be  absent  or  refuses  to  act,  the  judges  present 
shall  appoint  some  qualified  elector  of  the  primary  district  to  act 
in  his  place.  If  two  of  the  primary  judges  be  absent  or  refuse  to  act, 
the  judge  present  shall  fill  the  vacancies  in  the  same  manner  as  herein 
provided.  If  all  three  primary  judges  be  absent  or  refuse  to  act,  the 
primary  electors  present  who  reside  in  the  primary  district,  shall  se- 
lect three  of  their  number,  not  more  than  two  of  whom  in  any  case 
shall  be  of  the  same  political  party,  to  act  as  primary  judges.  The 
judges  so  selected  and  appointed  shall  take  the  same  oath,  have  the 
same  powers,  perform  the  same  duties,  and  be  subject  to  the  same 
penalties  as  regularly  constituted  primary  election  judges. 

§  11.  Previous  to  any  votes  being  received  the  primary  election 
judges  shall  severally  subscribe  and  take  an  oath  or  affirmation  in  the 
following  form,  to- wit: 

"I  do  solemnly  swear  (or  affirm,  as  the  case  may  be),  that  I  will 
support  the  constitution  of  the  United  States,  and  the  constitution  of 
the  State  of  Illinois,  and  will  faithfully  and  honestly  discharge  the 
duties  of  primary  election  judge  according  to  the  best  of  my  ability, 
and  that  I  have  resided  in  this  primary  district  for  one  year  next  pre- 
ceding the  primary  election  and  am  entitled  to  vote  at  this  primary 
election." 


92 

All  persons  subscribing  the  oath  as  aforesaid,  and  all  persons  actu- 
ally serving  as  primary  election  judges  at  any  primary  election,whether 
sworn  in  or  not,  shall  he  deemed  to  be  and  are  hereby  declared  to  be 
officers  of  the  county  court  of  their  respective  counties ;  and  such  per- 
sons shall  be  liable  to  punishment  by  such  court  in  a  proceeding 
for  contempt  for  any  misbehavior  as  such  primary  election  judge,  to 
be  tried  in  open  court  on  oral  testimony,  in  a  summary  manner,  with- 
out pleading;  but  such  trial  or  punishment  for  contempt  of  court 
shall  not  be  any  bar  to  any  criminal  proceeding  against  such  primary 
election  judges  for  any  violation  of  this  act. 

§  12.  In  case  there  shall  be  no  justice  of  the  peace  or  notary  public 
present  at  the  opening  of  a  primary  election,  or  in  case  such  justice 
of  the  peace  or  notary  public  shall  be  appointed  one  of  the  primary 
election  judges,  it  shall  be  lawful  for  the  primary  election  judges  to 
administer  the  oath  or  affirmation  to  each  other. 

§  13.  The  primary  election  judges  except  as  otherwise  provided  in 
this  act,  shall  perform  the  same  duties,  have  the  same  powers,  and  be 
subject  to  the  same  penalties  as  judges  and  clerks  of  general  elections, 
under  the  general  election  laws  of  this  State. 

§  14.  The  primary  election  judges  shall  receive  the  same  pay,  and 
shall  be  paid  by  the  same  authorities  and  in  the  same  manner  as 
judges  under  general  election  laws  of  this  State:  Provided,  all  such 
election  officers  shall  receive  but  one  per  diem  each  for  their  services 
as  primary  election  officers. 

§  15.  The  judges  of  election  shall  permit  each  different  ticket  of 
delegates  to  be  represented  by  a  challenger,  chosen  by  a  majority  of 
those  named  for  delegates  on  any  particular  ticket.  Said  challengers 
shall  be  protected  in  the  discharge  of  their  duties  by  the  judges  of 
election  and  peace  officers.  Said  challengers  shall  be  permitted  to 
remain  within  the  polling  place  in  such  position  as  will  enable  them 
to  see  each  person  as  he  offers  his  vote  and  said  challengers  may  re- 
main within  the  polling  place  throughout  the  canvass  of  the  vote  and 
until  the  returns  are  signed.  The  challengers  shall  be  permitted  to 
remain  so  near  that  they  can  see  the  judges  and  clerks  are  faithfully 
performing  their  duties.  All  challengers  shall  be  qualified  primary 
electors  in  their  respective  districts  and  shall  have  the  same  powers 
as  challengers  at  general  elections. 

§  16.  Section  21  of  an  "Act  to  provide  for  the  printing  and  distri- 
bution of  ballots  at  public  expense  and  for  the  nomination  of  candi- 
dates for  public  offices,  to  regulate  the  manner  of  holding  elections 
and  to  enforce  the  secrecy  of  the  ballot,"  approved  June  22,  1891,  in 
force  July  1,  1891,  as  amended  by  an  act  approved  June  19,  1893,  in 
force  July  1,  1893,  is  hereby  made  applicable  to  primary  elections 
held  under  the  provisions  of  this  act. 

§  17.  Primary  election  ballot  boxes  shall  be  the  same  as  those 
furnished  and  used  for  the  general  election  purposes  under  the  gen- 
eral election  laws  of  this  State. 


93 

18.  The  county  clerk  of  each  county,  or  the  clerk  of  any  city, 
village  or  incorporated  town  shall  furnish  the  primary  election  judges 
of  each  primary  district  all  necessary  supplies,  including  registry  poll 
books  and  tally  sheets. 

§  19.     The  registry  poll  books  shall  be  substantially  in  the  follow- 
ing form : 

Registry  Poll  Book. 

Of  a  Primary  Election  held  in  the Primary  District  of 

the of County  of , 

State  of  Illinois,  on  the day  of 

A.  D., 


Number  of  votes. 

Name  of  voter. 

Residence. 

Party  affiliation. 

- 

This  is  to  certify  that  the  above  and  foregoing  is  a  correct  list  of 

primary  voters  at  a  primary  election  held  on  the 

day  of A.  D ,  in  the 

Primary  District, of ,  County  of 

,  State  of  Illinois.     That  at  said  primary 

election  the  undersigned  judges  served  as  required  by  law  and  are  en- 
titled to  pay  therefor. 


Dated 


Judges  of  Primary  Election. 
..,19.... 


Said  registry  poll  books  shall  otherwise  be  in  form  and  shall  con- 
tain the  same  certifications  as  nearly  as  may  be  as  the  poll  books 
used  in  the  regular  elections,  and  shall  be  signed  and  attested  in  the 
same  manner  as  nearly  as  may  be,  as  poll  books  used  for  the  pur- 
poses of  regular  elections. 

§  20.  Tally  sheets  for  each  political  party  participating  in  the  pri- 
mary election  in  each  primary  district  shall  be  furnished  by  the  county 
clerk  or  the  city,  village  or  incorporated  town  clerk  as  aforesaid  and 
shall  be  substantially  in  the  following  form: 


94 

'•Tally  sheets  for (name  of  political  party)  for  the 

primary  district,  in  the of ,  county  of 

State  of  Illinois,  for  a  primary  election  held  on  the day  of 

A.  D.,  19...." 

The  names  of  the  candidates  shall  be  placed  on  the  tally  sheets  of 
each  political  party  by  the  primary  clerks  in  the  order  in  which  they 
appear  on  the  primary  ballot.  Sufficient  blank  spaces  shall  be  left  in 
said  tally  sheets  for  all  candidates  whether  for  primary  committee- 
men or  any  offices. 

§  21.  Any  member  of  a  political  party  desiring  or  intending  to 
become  a  candidate  for  the  nomination  for  a  county  office  before  the 
county  convention  of  his  party  or  for  the  nomination  for  any  office  in 
any  city,  ATillage  or  incorporated  town  primary  election,  shall,  not  less 
than  twenty  days  before  the  primary  election  next  preceding  said 
county  convention,  or  the  time  now  fixed  by  law  for  holding  any  mu- 
nicipal primary  election,  file  in  the  county  clerk's  office  of  his  county, 
or  the  office  of  the  clerk  of  the  city,  village  or  incorporated  town,  a 
statement  of  his  intention  substantially  in  the  following  form : 

"I, of ,  in  the  County  of 

and  State  of  Illinois,  certify  that  I  am  a  member 

of  and  affiliate  with  the party,  and  I  hereby  declare  my 

intention  of  becoming  a (describe  the  office)  candi- 
date for  the  nomination  for before  the  next 

county  convention  of County,  and  I  hereby  request 

that  my  name  be   placed   upon   the   official   primary  ballot  of  said 
party. 


Each  candidate  for  each  county  office,  or  any  city,  village  or  incor- 
porated town  office,  provided  for  in  this  act  of  the  respective  parties 
shall  also  tile  a  petition  in  the  office  of  the  county  clerk  or  of  the  clerk 
of  the  city,  village  or  incorporated  town,  containing  at  least  five  per 
cent  of  the  lawful  voters  of  the  party  in  the  district  or  territory  in 
which  he  desires  to  be  a  candidate,  to  be  based  upon  the  last  preced- 
ing presidential  election. 

§  22.  Any  candidate  for  the  nomination  for  Governor  shall  have 
his  name  printed  on  the  primary  ballot  of  his  political  party,  in  each 
county  by  filing  in  the  office  of  the  Secretary  of  State  not  less  than 
thirty  days  before  the  primary  election  a  written  request  substantially 
as  follows: 

"I, of  the  county  of ,  in  the 

State  of  Illinois,  certify  that  I  am  a  member  of  and  affiliate  with  the 

party ;  that  I  am  a  candidate  for  the  nomination 

for  Governor  before  the  next State  convention  of  the 

State  of  Illinois  and  I  hereby  request  that  my  name  be  placed  upon 

the  primary  ballot  of  the party  in  each  county  for 

that  office 


95 

Any  candidate  for  the  nomination  for  United  States  Senator  shall 
have  his  name  printed  on  the  primary  ballot  of  his  political  party  in 
each  county  by  filing  in  the  office  of  Secretary  of  State  not  less  than 
thirty  (30)  days  before  the  primary  election  a  written  request  sub- 
stantially in  form  as  the  foregoing  request  provided  for  by  candidates 
for  Governor.  The  vote  upon  such  candidates  for  United  States  Sen- 
ator shall  be  had  for  the  sole  purpose  of  ascertaining  the  sentiment  of 
the  voters  in  the  respective  parties.  Each  candidate  for  Governor 
and  for  United  States  Senator  shall  further  file  with  the  Secretary  of 
State  a  petition  signed  by  not  fewer  than  5,000  legal  voters,  members 
of  the  party  in  which  he  is  a  candidate  for  nomination.  Not  less  than 
25  days  before  the  primary  election  the  Secretary  of  State  shall  cer- 
tify to  the  county  clerk  of  each  county  the  names  of  all  candidates 
for  nomination  for  Governor  and  United  States  Senator,  together 
with  their  political  affiliations,  as  specified  in  the  written  requests  on 
file  in  his  office.  Each  candidate  for  Governor  and  for  United  States 
Senator  of  the  respective  parties  shall  pay  to  the  Secretary  of  State  a 
filing  fee  of  one  hundred  (300)  dollars. 

§  23.  Any  candidate  for  the  nomination  of  Representative  in  Con- 
gress or  member  of  the  General  Assembly,  shall  have  his  name  printed 
on  the  primary  ballot  of  his  party,  in  each  county  in  his  congressional 
or  senatorial  district,by  filing  in  the  county  clerk's  office  of  the  county 
where  such  candidate  resides  and  filing  copies  thereof  in  the  other 
counties  in  said  district  not  less  than  twenty  (20)  days  before  the 
primary  election  a  written  request  substantially  in  the  following 
form: 

"I, ,  of  the  county  of ,  in  the 

State  of  Illinois,  certify  that  I  am  a  member  of  and  affiliated  with 
the party;  that  I  shall  be  a  candidate  for  the  nomina- 
tion for (describe  office)  before  the  next 

convention  of  the district  of  Illinois,  and  I  hereby  re- 
quest that  my  name  be  placed  upon  the  official  primary  ballot  of 
the party,  in county. 


The  candidates  mentioned  in  this  section  shall  pay  the  following 
fees:  Each  congressional  candidate,  $100;  each  candidate  for  senator, 
$50;  each  candidate  for  member  of  the  House  of  Representatives,  $25; 
and  fees  shall  be  equally  divided  among  the  respective  counties  of 
the  district:  each  candidate  shall  further  file  in  the  office  of  the  Sec- 
retary of  State  a  petition  signed  by  at  least  five  per  cent  of  the  voters 
in  said  district  of  his  party  cast  at  the  last  preceding  presidential 
election  for  electors. 

§  24.  No  candidate  for  the  nomination  for  any  office  shall  have 
his  name  printed  on  any  primary  ballot  except  in  the  manner  pro- 
vided for  in  this  act. 

§  25.  The  method  of  voting  at  a  primary  election  shall  be  by  bal- 
lot; which  ballot  shall  conform  to  the  requirements  hereinafter  made. 
The  county  clerk  or  the  clerk  in  any  city,  village  or  incorporated  town 
shall  furnish  paper  at  cost  to  any  person  or  persons  who  may  desire 
to  use  the  same  for  primary  election  ballots  at  his  own  expense. 


96 

§  26.  The  primary  election  ballot  of  each  political  party  shall  be 
separately  printed  upon  paper  of  uniform  quality,  texture  and  size 
and  in  black  ink,  but  no  two  party  primary  ballots  shall  be  printed 
upon  paper  of  the  same  color  or  tint.  The  county  clerk  or  the  clerk 
of  any  city,  village  or  incorporated  town  shall  publicly  announce  the 
color  of  the  primary  ballots  of  the  respective  parties  at  least  fifteen 
(15)  days  before  a  primary  election. 

§  27.  The  primary  election  ballot  of  each  political  party  for  each 
primary  election  district  shall  be  arranged  and  printed  substantially 
in  the  manner  following: 

1.  At  the  top  of  the  ballot  shall  be  printed  in  large  capital  letters 
words  designating  the  ballot.  If  a  Republican  ballot,  the  designating 
words  shail  be  "Republican  Primary  Ballot."  If  a  Democratic  ballot, 
the  designating  words  shall  be  "Democratic  Primary  Ballot,"  and  in 
like  manner  of  each  political  party,  the  number  of  primary  district, 
location  of  polling  place. 

2.  Beginning  not  less  than  one  inch  below  the  designating  words, 
the  name  of  each  office  to  be  tilled  shall  be  printed  in  capital  letters 
in  the  following  order,  to- wit:  United  States  Senator, Governor,  con- 
gressional officers,  senatorial  officers,  county  officers.  In  city,  village 
or  incorporated  towns  the  primary  ticket  shall  have  first  printed  one 
inch  below  the  designating  words  the  name  of  the  office  of  mayor  or 
president  of  the  board  of  trustees,  as  the  case  may  be,  or  other  exec- 
utive officer  and  following  with  the  names  of  the  other  municipal 
officers  in  order  which  shall  be  arranged  by  the  respective  party  com- 
mittees of  such  municipality.  Below  the  name  of  each  office  shall 
be  printed  in  smaller  capital  letters  the  names  of  all  candidates  (al- 
phabetically arranged  according  to  surnames )f or  the  nominations  of 
said  office  which  are  entitled  to  be  placed  upon  the  respective  party 
primary  ballot.  The  names  of  all  candidates  upon  the  primary  ballot 
shall  be  printed  in  type  of  uniform  size  and  style  and  the  names  shall 
be  printed  in  a  vertical  column.  Immediately  in  front  of  and  oppo- 
site the  name  of  each  candidate,  shall  be  printed  a  square,  and  all 
squares  upon  the  primary  ballot  shall  be  of  uniform  size.  Spaces 
between  the  names  of  candidates,  for  each  office  shall  be  uniform,  and 
sufficient  spaces  shall  separate  the  names  of  candidates  for  one  office 
from  the  names  of  candidates  for  another  office  to  avoid  confusion. 

8.  The  primary  ballot  containing  the  names  of  candidates  to  be 
voted  for  at  such  primary  election,  shall  contain  the  names  of  all  del- 
egates to  the  county  convention  from  such  primary  district  and  the 
names  of  candidates  for  primary  committeemen.  No  primary  ballot 
shall  be  used  unless  the  same  shall  substantially  comply  with  the 
requirements  of  this  act,  and  any  ballots  not  in  accordance  herewith 
shall  be  void  for  all  purposes,  and  shall  not  be  received,  deposited  or 
counted  by  any  person  or  judge  at  any  such  primary  election.  No 
person  shall  be  a  primary  committeeman  or  a  delegate  of  any  primary 
district  who  is  not  a  duly  qualified  primary  voter  therein. 


97 

§  28.  Upon  the  opening  of  the  polls,  one  of  the  primary  election 
judges  shall  make  the  proclamation  of  the  same,  and  at  least  thirty 
minutes  before  the  closing  of  the  polls  proclamation  shall  be  made  in 
like  manner  that  the  polls  will  be  closed  in  half  an  hour. 

§  29.  Before  voting  begins  the  primary  ballot  box  shall  be  empty, 
and  it  shall  be  opened  and  shown  to  those  present  to  be  empty,  after 
which  it  shall  be  locked  and  the  key  delivered  to  one  of  the  primary 
judges,  and  it  shall  not  be  removed  from  public  view  from  the  time  it 
is  shown  to  be  empty  until  after  the  close  of  the  polls. 

§  30.  No  person  shall  vote  at  any  primary  election  unless  he  be  a 
male  citizen  of  the  United  States  of  the  age  of  21  years  or  over  or 
was  an  elector  in  this  State  on  the  first  day  of  April  in  the  year 
of  our  Lord,  1848,  or  obtained  a  certificate  of  naturalization  before 
any  court  of  record  prior  to  the  first  day  of  January  in  the  year 
of  our  Lord,  1870,  and  unless  next  preceding  such  primary  election 
he  has  resided  in  the  State  of  Illinois  not  less  than  one  year,  in  the 
county  in  which  such  primary  election  is  held  not  less  than  ninety 
days,  and  in  the  primary  district  in  which  such  primary  election  is 
held  not  less  than  thirty  days  and  unless  further  he  declares  his  party 
affiliation  as  required  by  this  act. 

§  31.  Any  person  desiring  to  vote  shall  state  his  name,  residence 
and  party  affiliation  to  the  primary  judges,  one  of  whom  shall  there- 
upon announce  the  same  in  *a  distinct  tone  of  voice  sufficiently  loud 
to  be  heard  by  those  present  in  the  polling  place.  If  the  person  desir- 
ing to  vote  is  not  challenged,  one  of  the  primary  judges  may  offer  to 
him  one  ballot  of  each  kind  containing  the  names  of  candidates  of  the 
political  party  with  which  he  declares  himself  affiliated.  No  person 
who  refuses  to  state  his  party  affiliation,  or  who  shall  have  signed  a 
nominating  petition  for  an  independent  candidate  or  for  a  candidate 
of  an  opposing  political  party  as  now  authorized  by  law  shall  be 
allowed  to  vote  at  a  primary  election. 

The  judges  shall  receive  from  any  person  or  persons,  and  permit  to 
be  freely  and  equally  exposed  in  separate  and  orderly  piles,  within 
the  polling  place,  near  the  ballot  box,  and  within  reach  of  the  voters, 
a  sufficient  supply  of  each  of  the  various  ballots  provided  for  in  this 
act,  and  shall,  upon  request,  furnish  to  each  and  every  person  quali- 
fied to  vote  one  of  each  of  the  primary  ballots  of  the  party  with  which 
such  person  declares  himself  affiliated. 

§  32.  Whenever  a  person  offering  to  vote  at  a  primary  election  is 
challenged,  the  person  so  challenged  shall  make  and  subscribe  an 
affidavit  in  the  following  form,  which  shall  be  presented  to  and 
retained  by  the  primary  judges,  and  returned  by  them  with  the  reg- 
istry poll  books: 
"State  of  Illinois,  [ 

County  of \  ss" 

I, ,  do  solemnly  swear  (or  affirm)  'that  I  am 

a  citizen  of  the  United  States  of  the  age  of  21  years  or  over,'  or  'that 
I  was  an  elector  on  the  first  day  of  April,  A.  D.,  1848,'  or  'that  I 
obtained  a  certificate  of  naturalization  before  a  court  of  record  in  this 

— 7  E  L 


98 

State  prior  to  the  first  day  of  January,  A.  D.,  1870,1  as  the  case  may 
be;  that  I  have  resided  in  this  State  one  year,  in  this  county  ninety 
days,  and  in  this  primary  district  thirty  days  next  preceding  this  pri- 
mary election,  and  have  not  signed  any  nominating  petition;  that  I 

now  reside  at (insert  street  and  number,  if  any) 

in  this  primary  district,  and  have  not  voted  at  this  primary  election; 
that  I  am  a  member  of  and  affiliate  with  the party. 


Subscribed  and  sworn  to  before  me  this  ....  day  of 
A.  D, 


AFFIDAVIT  OF  WITNESS. 

In  addition  to  such  affidavit,  the  person  so  challenged  shall  produce 
the  affidavit  of  one  householder  of  the  primary  district,  who  shall  be 
a  qualified  voter  at  such  primary  election,  and  who  shall  be  personally 
known  or  proved  to  the  judges  to  be  a  householder  in  the  primary 
district,  which  affidavit  shall  be  in  the  following  form : 
"State  of  Illinois,  \ 

County  of j  ss* 

I, ,  do  solemnly  swear  that  I  am  a  house- 
holder of  this  primary  district  and  entitled  to  vote  at  this  primary 

election;  that  I  am  acquainted  with  .  . .  '. (name 

of  party  challenged),  whose  right  to  vote  at  this  primary  election  has 

been  challenged;  that  said (name  of  party 

challenged)  is  an  actual  bona  fide  resident  of  this  primary  district, 
and  has  resided  herein  thirty  days,  and  as  I  verily  believe,  in  this 
county  ninety  days,  and  in  this  State  one  year  next  preceding  this 

primary  election ;  that  I  verily  believe (name 

of  party  challenged)  is  a  member  of  and  affiliating  with  the   

party. 


Subscribed  and  sworn  to  before  me  this 
day  of  . .  .• A.  D., 


§  33.  The  voter  shall  forthwith  and  without  leaving  the  polling 
place  retire  to  one  of  the  voting  booths  and  prepare  his  ballot,  unless 
the  same  has  been  prepared  prior  to  entering  the  booth,  by  making  a 
cross  "X"  in  the  square  in  front  of  and  opposite  the  name  of  each 
candidate  of  his  choice  for  each  office  to  be  filled. 

§  34.  Before  leaving  the  booth  the  voter  shall  fold  his  ballot  in 
such  manner  as  to  conceal  the  marks  on  such  ballot.  He  shall  then 
hand  such  ballot  thus  folded  to  one  of  the  judges  of  election,  who 
shall  thereupon  endorse  his  initials  on  the  back  of  the  ballot,  so  folded, 
and  deposit  the  same  ballot  in  the  ballot  box.  The  primary  judges 
shall  thereupon  enter  in  the  registry  poll  books  the  name  of  the  voter, 
his  residence  and  party  affiliation. 


99 

§  35.  Any  primary  voter  who  shall  declare  upon  oath  that  he  can- 
not read  the  English  language,  or  by  reason  of  any  physical  disability 
he  is  unable  to  mark  his  ballot,  shall,  upon  request,  be  assisted  in 
marking  his  ballot  in  the  same  manner  as  is  provided  by  the  general 
election  laws  of  this  State. 

§  3b\  After  the  opening  of  the  polls  at  a  primary  election,  no  ad- 
journment shall  be  had  nor  recess  be  taken  until  all  the  votes  cast  at 
such  primary  election  shall  have  been  counted  and  canvassed. 

§  37.  The  votes  shall  be  canvassed  in  the  room  or  place  where  the 
primary  election  is  held,  and  the  primary  judges  shall  not  allow  the 
ballot  box  or  any  of  the  ballots  or  the  registry  poll  books  or  any  of 
the  tally  sheets  to  be  removed  or  carried  away  from  such  room  or 
place  until  the  canvass  of  the  votes  is  completed  and  the  returns  care- 
fully enveloped  and  sealed  up.  The  candidates  and  challengers  of 
each  party  shall  have  the  right  to  be  present  during  a  canvass  of  the 
votes  by  the  primary  judges. 

§  38.  Immediately  upon  closing  the  polls,  the  primary  judges  shall 
proceed  to  canvass  the  votes  polled  in  the  following  manner: 

1.  They  shall  first  count  the  whole  number  of  ballots  in  the  ballot 
box.  If  the  total  number  of  ballots  exceed  the  number  of  names  en- 
tered on  the  registry  poll  books,  they  shall  carefully  examine  the  bal- 
lots and  reject  those  upon  which  the  initials  of  a  primary  judge  do 
not  appear. 

2.  If  the  remaining  ballots  exceed  the  number  of  votes  entered  on 
the  registry  poll  books,  the  judges  of  primary  election  shall  proceed 
to  ascertain  the  number  of  names  entered  on  the  registry  poll  books 
under  each  party  affiliation. 

3.  The  judges  shall  thereupon  arrange  the  ballots  of  each  political 
party  in  separate  piles  and  count  the  ballots  of  each  political  party 
separately. 

4.  If  the  ballots  of  any  political  party  exceed  the  number  of 
names  of  voters  of  such  political  party  entered  on  the  registry  poll 
books,  the  ballots  of  such  political  party  shall  be  folded  and  replaced 
in  the  ballot  box  and  the  box  closed  and  well  shaken  and  again  opened, 
and  one  of  the  judges,  who  shall  be  blindfolded,  shall  draw  out  so 
many  of  the  ballots  of  such  political  party  as  shall  be  equal  to  such 
excess. 

5.  The  primary  judges  shall  then  proceed  to  count  the  votes  of 
each  political  party  separately;  and,  as  the  primary  judges  shall  open 
and  read  the  ballots,  each  judge  shall  carefully  and  correctly  mark 
down  upon  the  tally  sheets  the  votes  which  each  candidate  of  the  re- 
spective party  whose  name  is  printed  or  written  on  the  ballot  has 
received,  in  a  separate  column  prepared  for  that  purpose,  with  the 
name  of  such  candidate,  delegate,  committeeman,  etc.,  the  name  of 
his  political  party,  and  the  name  of  the  office  to  be  filled  at  the  head 
of  such  column. 


100 

§  39.  As  soon  as  the  ballots  of  a  political  party  have  been  read 
and  the  votes  of  said  political  party  counted,  as  provided  herein,  the 
clerks  shall  foot  up  the  tally  sheets  so  as  to  show  the  total  number  of 
votes  cast  for  each  candidate  of  said  political  party,  including  the 
candidates  for  primary  committeemen  and  delegates  to  the  county  con- 
vention, and  the  total  number  of  votes  cast  by  said  political  party  and 
certify  the  same  to  be  correct,  and  shall  also  deliver  the  same  to  the 
county  clerk.  Thereupon  the  judges  shall  set  down  in  the  registry 
poll  books,  under  the  name  of  said  political  party,  the  name  of  each 
candidate  voted  for,  written  at  full  length,  the  title  of  the  office  to  be 
filled,  the  total  number  of  votes  which  said  candidate  received,  and 
the  total  number  of  votes  cast  by  said  political  party  at  said  primary 
election,  and  the  judges  shall  certify  the  same  to  be  true  and  correct; 
said  entry  in  the  registry  poll  books  to  be  made  substantially  in  the 
following  form: 

(Name) Party. 


"At  the  primary  election  held  in  this  primary  district  on  the 

day  of A.   D.,  19 ,  the  respective  candidates  whose 

names  were  written  or  printed  on  the  primary  ballot  of  said 

party,  received  respectively  the  following  votes : 


Name  of  Candidate. 

Title  of  Office. 

Number 
of  votes. 

John  Smith 

Governor 

100 

Samuel  Jones 

70 

Frank  Martin 

County  Clerk  . . 

150 

William  Preston 

County  Clerk. .. 

200 

Thomas  Johnston 

70 

Frederick  Johns 

60 

(And  so  for  each  delegate.) 

Total  number  of  votes  cast  by  said party   

We  hereby  certify  the  above  and  foregoing  to  be  true  and  correct. 
Dated 


Primary  Judges." 

§  40.  After  the  votes  of  a  political  party  shall  have  been  counted 
and  set  down,  the  tally  sheets  footed  and  the  entry  blank  made  in  the 
registry  poll  books,  as  above  provided,  and  the  ballots  of  said  political 
party  shall  be  strung  separately  upon  a  strong  thread,  wire  or  twine  in 
the  order  in  which  they  have  been  read,  and  shall  thereupon  be  care- 


101 

fully  sealed  up  in  an  envelope,  which  envelope  shall  be  endorsed  as 

follows:     "Primary  ballots  of (name)  party  of  the 

primary  district,  in  the of 

county  of.  ......  , ................ .  and 

State  of  Illinois,"  below  which  endorsement  each  one  of  the  judges 
shall  write  his  name. 

§  41.  The  judges  shall  continue  until  all  the  votes  of  each  and 
every  political  party  shall  have  been  counted,  set  down,  the  sheets 
footed,  the  endorsements  made,  and  the  ballots  strung  and  sealed  up, 
as  herein  provided. 

§  42.  The  primary  judges  shall  make  out,  upon  forms  to  be 
furnished  by  the  county  clerk,  or  by  the  clerk  of  any  city,  village  or 
incorporated  town,  and  within  twenty-four  hours  after  the  canvass  has 
been  completed,  deliver  a  certificate  of  election  to  the  candidate  for 
primary  committeeman  of  each  political  party  receiving  the  highest 
number  of  votes  of  his  respective  party  for  that  office;  which  certifi- 
cate shall  show  the  total  number  of  votes  cast  by  the  respective  party 
in  the  primary  district  for  each  candidate  for  primary  committeeman. 
In  case  of  a  tie  of  such  vote,  the  judges  shall  cast  lots  to  determine 
who  shall  be  committeeman.  The  county  clerk  of  each  county  or  the 
clerk  of  any  city,  village  or  incorporated  town  shall  cause  to  be  deliv- 
ered the  names  of  all  primary  committeemen  of  the  respective  parties, 
so  elected,  to  the  secretary  of  the  county  committee  or  the  secretary 
of  the  city,  village  or  incorporated  town  committee  of  the  respective 
parties  not  later  than  9  o'clock  a.  m.  of  the  Wednesday  next  following 
a  primary  election. 

§  43.  The  term  of  office  of  each  precinct  or  district  com- 
mitteeman elected  shall  be  for  the  two  years  next  succeed- 
ing the  date  of  his  election.  The  committeemen  of  each  party 
elected  within  each  county  or  within  each  city,  village  or  incor- 
porated town  shall  constitute  the  county,  city,  village  or  incor- 
porated town  committee  of  such  party,  who  shall  within  ten  days 
after  their  election  select  a  chairman  and  such  other  officers  of  the 
•committee  as  they  may  determine.  The  number  of  committee  mem- 
bers for  each  county  on  a  congressional  or  senatorial  committee  shall 
be  determined  and  selected  by  the  delegates  to  the  congressional  or 
senatorial  conventions,  respectively.  Such  congressional  and  sena- 
torial committeemen,  shall  within  ten  (10)  days  after  the  first  con- 
gressional and  senatorial  conventions  held  in  their  respective  districts 
after  their  election,  select  a  chairman  of  their  respective  committees 
and  such  other  officers  as  they  may  determine.  The  county  commit- 
tee and  its  officers  of  any  county  constituting  a  senatorial  district, 
shall  be  the  official  committee  of  such  senatorial  district.  Any 
vacancy  occurring  in  any  said  committee  shall  be  filled  by  the  respec- 
tive committee,  provided  any  such  vacancy  shall  be  filled  by  a  resi- 
dent of  the  precinct,  district  or  territory  in  which  such  vacancy 
occurs. 

§  44.  Within  twenty-four  hours  after  the  canvass  has  been  com- 
pleted, the  primary  judges  shall  issue  credentials,  forms  for  that  pur- 


102 

pose  to  be  furnished  by  the  county  clerk,  to  each  one  of  the  requisite 
number  of  candidates  of  each  party  for  delegates  to  the  county  con- 
vention receiving  the  highest  number  of  votes  of  their  respective 
party.  That  is  to  say,  where  a  political  party  in  a  primary  district  is 
entitled  to  one  delegate,  credentials  shall  be  issued  to  the  candidate  of 
said  party  for  the  delegate  receiving  the  highest  number  of  said  party's 
votes.  Where  a  political  party  is  entitled  to  three  delegates,  or  to 
six  delegates,  to  the  county  convention,  credentials  shall  be  issued  to 
the  three  candidates,  or  to  six  candidates  (as  the  case  may  be),  and 
to  each  of  them  receiving  the  highest  number  of  said  party's  votes. 
And  in  like  manner,  corresponding  with  the  number  of  delegates  to 
the  county  convention  to  which  each  political  party  of  the  primary 
district  is  entitled.  In  case  of  a  tie,  the  judges  shall  cast  lots  to 
determine  to  what  delegates  credentials  shall  be  issued.  Said  cre- 
dentials shall  state  the  total  number  of  votes  received  by  each  candi- 
date of  his  respective  party  in  the  primary  district  and  also  the  name 
of  each  candidate  of  the  respective  party  for  each  county  office  receiv- 
ing the  highest  number  of  votes  of  his  party  in  the  primary  district. 
Said  credentials  shall  entitle  the  delegate  named  therein  to  a  seat  in 
the  next  ensuing  county  convention  of  the  respective  party. 

§  45.  It  is  hereby  made  the  duty  of  the  county  clerk  of  each 
county  to  furnish  to  the  primary  judges  of  each  primary  district, 
with  the  other  election  supplies,  blank  forms  of  credentials  for  dele- 
gates for  each  political  party,  the  form  to  be  substantially  as  follows : 

" Party. — Credentials. 

Credentials  of  delegates  of  the party  of  the 

in  the  county  of 

and  State  of  Illinois,  to  the county  convention  of 

county. 

We  hereby  certify  that  at  a  primary  election  held  in  said  primary 

district  on  the day  of  March,  A.  D.  19 

(name   of  delegate),  was   duly  elected  a  delegate   to  represent  the 

party  of  said  primary  district  in  the county 

convention  of  said  county  and  that  said is  a 

duly  elected  and  qualified  delegate  of  the party  of  said 

primary  district  and  as  such  is  entitled  to  a  seat  in  the 

county  convention  of  said  county,  to  be  held  at on 

the day  of  March,  A.  D.  19 

We  further  certify  that  at  said  primary  election  each  candidate  for 

delegate  upon  the  primary  ballot  of  the party,  in  said 

district  received  respectfully  the  following  number  of  votes : 
■  j 

Name  of  Candidate  for  Delegate.  Number  of  Votes. 


[Insert  names.) 


(Insert  number  of  votes.) 


103 

We  further  certify  that  the  following  named  candidates  of  said 
party  for  the  following  named  county  offices  each  received  the  follow- 
ing number  of  votes  for  his  respective  office  at  the  primary  election 
in  said  district: 


In  witness  whereof,  we  have  hereunto  set  our  hands  this 
day  of  March,  A.  D.  19.... 


Primary  Judges." 

§  46.  At  the  time  and  place  designated  in  the  call  for  the  county 
convention,  the  chairman  of  the  county  central  committee,  who  signed 
the  call  for  the  convention,  shall  call  the  convention  to  order.  If 
neither  the  chairman  or  secretary  are  present,  then  some  member  of 
the  county  central  committee  shall  call  the  same  to  order,  and  state 
the  object  of  the  convention;  whereupon  he  shall  announce  that  the 
first  thing  in  order  will  be  the  election  of  a  temporary  chairman  to 
preside  over  the  said  convention.  No  person  other  than  a  delegate 
shall  be  elected  chairman  of  said  convention,  and  the  chairman  shall 
be  elected  by  a  regular  roll  call  by  primary  districts  of  the  delegates 
present.  After  the  election  of  the  chairman,  the  convention  shall 
proceed  to  elect  the  other  officers  of  the  convention. 

§  47.  Upon  the  permanent  organization  of  the  county  convention, 
it  shall  be  the  duty  of  the  secretary  thereof  to  ascertain,  from  the 
tabulated  statement  of  the  returns  if  any  candidates  for  a  county  office 
has  received  a  majority  of  all  votes  cast  by  his  party  in  his  county  at 
the  primary  election.  If  it  shall  appear  that  any  candidate  for  a 
county  office  has  received  a  majority  of  all  votes  cast  by  his  party  in 
his  county  at  the  primary  election,  such  candidate  shall  thereupon  be 
declared  duly  nominated  by  the  convention  without  the  formality  of  a 
ballot:  Provided,  if  the  county  central  committee  for  said  primary 
and  convention  shall  have  authorized  the  nominations  to  be  made  by 
a  plurality  vote,  then  the  candidate  receiving  the  highest  number  of 
votes  shall  be  declared  the  nominee  of  said  convention.  But  in  case 
no  candidate  of  each  party  for  each  respective  county  office  shall  have 
received  a  majority  of  all  votes  cast  by  his  respective  party  in  the 
county,  then  any  candidate  of  each  party  for  each  respective  county 
office  who  shall  have  received  the  highest  number  of  votes  cast  for 
any  candidate  for  such  office  by  his  party  for  such  office  in  any  pri- 
mary district  shall  receive  the  votes  of  the  delegates  in  the  county 
convention  of  his  party  from  such  primary  district  and  the  votes  of 
each  of  them  unless  the  county  committee  in  its  call  for  said  conven- 
tion shall  have  provided  for  plurality  nominations. 


104 

§  48.  After  the  certificates  of  election  and  credentials  have  been 
made  out  as  herein  provided,  the  primary  judges  shall  place  all  the 
sealed  envelopes  containing  the  ballots  of  the  respective  political  par- 
ties in  a  canvas  bag,  to  be  furnished  by  the  county  clerk,  or  clerk  of 
any  city,  village  or  incorporated  town,  for  that  purpose,  which  canvas 
bag  shall  be  carefully  and   securely  sealed  and   endorsed,     "Primary 

ballots  of  the primary  district,  in  the of " 

Thereupon  the  judges  shall  place  the  registry  poll  books  and  tally 
sheets  in  an  .envelope,  to  be  provided  for  that  purpose  by  the  county 
clerk,  or  clerk  of  any  city,  village  or  incorporated  town,  carefully  en- 
velope and  seal  the  same,  and  endorse  upon  the  back  thereof  the  fol- 
lowing: "Primary  election  returns  of  the primary  district, 

in  the "     The   envelope   containing  the  returns  and 

the  canvas  bag  containing  the  ballots  shall  be  delivered  by  one  of  the 
judges  to  the  county  clerk,  or  the  clerk  of  any  city,  village  or  incor- 
porated town,  at  his  office  by  11  o'clock  a.  m.,  of  the  Monday  follow- 
ing a  primary  election,  and  the  ballots  and  tickets  shall  be  preserved 
by  such  clerk  for  one  year.  The  registry  poll  book  shall  be  returned 
to  the  proper  clerk  within  ten  days  after  the  respective  county  con- 
ventions. 

§  49.  As  soon  as  the  returns  are  all  in,  the  county,  or  city, 
village  or  incorporated  town  clerk,  with  the  assistance  of  two 
justices  of  the  peace,  of  opposite  political  parties  (if  possible)  shall, 
without  delay,  upon  [open]  all  the  returns  and  certify  tabulated 
statements  thereof  separately  for  each  political  party.  The  tabulated 
statement  of  the  returns  of  each  political  party  shall  state  in  appro- 
priate columns  and  under  proper  headings  the  total  number  of  votes 
cast  by  the  respective  party  in  each  primary  district  in  the  county,  or 
municipality,  and  the  total  number  of  votes  cast  for  each  candidate  of 
the  respective  party  in  each  primary  district  in  the  county,  or  other 
municipality.  The  county  clerk,  or  other  clerk,  shall  deliver  a  copy 
of  the  tabulated  statement  of  the  returns  of  each  political  party  to  the 
secretary  of  the  county,  or  city,  village  or  incorporated  town  commit- 
tee of  the  respective  political  parties,  not  later  than  12  o'clock  M.  of 
the  Wednesday  following  the  primary  election.  And  it  is  hereby 
made  the  duty  of  the  secretary  of  the  county  central,  or  other  manag- 
ing committee  of  each  political  party  to  deliver  the  same  to  the  next 
ensuing  city,  village  or  incorporated  town  or  county,  senatorial  or  con- 
gressional conventions  of  his  party  in  his  respective  district,  or  mu- 
nicipality. The  county  clerk  of  each  county  shall  cause  to  be  deliv- 
ered to  the  Secretary  of  State  within  eight  days  next  following  such 
county  convention,  the  total  vote  cast  for  each  candidate  of  the  re- 
spective party,  for  Governor  and  United  States  Senator  in  the  respec- 
tive county.  The  Secretary  of  State  shall  cause  to  be  delivered  to 
the  Secretary  of  State  convention  of  the  respective  parties  next  fol- 
lowing such  primary  election,  upon  the  assemblying  of  such  State  con- 
vention for  the  respective  parties,  the  total  vote  by  the  counties,  for 
each  candidate  for  Governor  of  the  respective  parties.  It  shall  be  the 
duty  of  the  secretaries  respectively  of  the  county,  senatorial,  congres- 


105 

sional  and  State  conventions,  to  read  to  the  convention  before  any 
candidate  is  put  in  nomination,  the  total  vote,  by  counties,  received 
by  each  candidate  of  the  respective  party  voted  for  upon  the  primary 
ballot  provided  for  in  this  act. 

§  50.  Any  candidate  whose  name  appears  upon  the  primary  ballot 
of  any  political  party  in*  any  primary  district,  may  contest  the  primary 
election  held  in  any  municipality  or  in  any  or  all  the  primary  districts 
in  any  county  as  to  the  office  for  which  he  was  a  candidate  for  nom- 
ination, by  filing  with  the  clerk  of  the  county  court  of  the  respective 
county  a  petition  in  writing  setting  forth  the  grounds  of  contest, 
which  shall  be  verified  by  affidavit  of  the  petitioner.  Jurisdiction  is 
hereby  vested  in  the  county  courts  in  term  time,  and  in  the  judges 
thereof  in  vacation,  to  hear  and  determine  primary  election  contests. 
When  a  petition  to  contest  a  primary  election  shall  be  filed  in  the 
office  of  the  clerk  of  the  county  court,  said  petition  shall  forthwith  be 
presented  to  the  judge  thereof,  who  shall  note  thereon  the  day  of  pre- 
sentation and  shall  also  note  thereon  the  day  when  he  will  hear  the 
same,  which  shall  be  before  the  next  following  county  convention 
after  such  primary  election,  it  shall  be  determined  in  sufficient  time 
to  enable  the  successful  candidate  or  candidates  to  have  their  names 
printed  upon  the  ballots  for  the  election  ensuing  after  such  primary, 
and  shall  order  issuance  of  summons  to  each  defendant  named  in  his 
petition.  Summons  shall  forthwith  issue  to  each  defendant  named  in 
the  petition  and  shall  be  served  in  the  same  manner  as  is  provided  in 
cases  of  chancery.  The  case  may  be  heard  and  determined  by  the 
county  court  in  term  time,  or  by  the  judge  thereof  in  vacation  at  any 
time,  not  less  than  two  days  after  service  of  process  and  shall  have 
preference  in  the  order  of  hearing  to  all  other  cases.  The  petitioner 
shall  give  a  bond  with  security  to  be  approved  by  the  clerk  of  the 
court  conditioned  for  the  payment  of  all  costs.  If,  in  the  opinion  of 
the  court  in  which  the  petition  is  filed,  the  grounds  for  contest 
alleged  are  insufficient  in  law,  the  petition  shall  be  dismissed.  If  the 
grounds  alleged  in  the  petition  are  sufficient  the  court  shall  proceed 
in  a  summary  manner  and  may  hear  evidence,  examine  the  returns, 
recount  the  ballots  and  make  such  orders  and  enter  such  j  udgments 
as  justice  may  require,  and  judgment  of  said  court  shall  be  final. 

§  51.  No  State  convention  shall  hereafter  be  held  in  any  year 
before  the  first  dajr  of  May,  and  not  later  than  the  15th  of  May. 
All  senatorial  conventions  shall  hereafter  be  held  on  the  Wednesday 
next  following  the  day  upon  which  county  conventions  are  held,  except 
where  a  county  is  a  senatorial  district,  in  which  case  the  senatorial 
convention  shall  be  held  on  the  same  day  and  the  delegates  to  the 
county  convention  shall  nominate  the  senatorial  candidates;  and  all 
congressional  conventions  shall  be  held  on  the  second  following 
Wednesday  after  the  day  set  for  the  holding  of  the  county  con- 
ventions as  above  provided. 

§  52.  No  candidate  for  the  nomination  for  any  office,  who  has  not 
complied  with  the  provisions  of  this  act,  shall  be  nominated  by  any 
convention:     Provided,  that  any  convention  may  by  a  four-fifths  vote 


106 

of  all  its  members  nominate  a  person  whose  name  did  not  appear 
upon  the  primary  ballot ;  and  in  case  of  a  vacancy,  by  death  or  other- 
wise, any  convention  may,  by  a  majority  vote  of  all  its  members, 
select  any  qualified  person  as  candidate  to  fill  such  vacancy:  Pro- 
vided, that  in  case  of  a  vacancy  upon  the  ticket,  by  death  or  otherwise, 
after  the  convention  has  adjourned,  said  vacancy  shall  be  filled  by 
the  county  central,  senatorial,  congressional  or  State  committee,  as 
the  case  may  be ;  and  it  is  hereby  made  the  duty  of  the  proper  officer 
upon  receipt  of  the  resignation  or  knowledge  of  the  death  of  any  can- 
didate, to  immediately  notify  in  writing  the  appropriate  chairman. 

§  53.  If  any  one  or  more  delegates  to '  a  county  convention  from 
any  primary  district  be  absent,  the  delegates  from  said  primary  dis- 
trict present  in  the  county  convention  shall  cast  the  full  vote  of  the  dele- 
gation from  said  primary  district :  Provided,  that  the  full  vote  of  said 
delegates  from  said  primary  district  shall  be  cast  in  the  convention  in 
accordance  with  the  instructions  received  by  said  absent  delegates.  If 
all  the  delegates  to  the  county  convention  from  any  primary  district  are 
absent,  such  primary  district  shall  have  no  vote  in  said  convention. 

§  54.  Any  delegate  in  any  county  convention  shall  have  the  right 
upon  the  first  ballot  to  challenge  the  vote  of  the  delegation  of  any  pri- 
mary district  upon  the  ground  that  the  vote  of  said  delegation,  as  an- 
nounced, is  not  cast  in  accordance  with  the  vote  and  instructions  of 
said  primary  district  at  the  primary  election,  as  evidenced  by  the  cer- 
tificate of  returns  from  said  primary  district.  And  whenever  the  vote 
of  a  delegation  as  aforesaid  is  challenged,  the  chairman  of  the  con- 
vention shall  examine  the  certificate  of  returns  and  ascertain  whether 
or  not  the  grounds  for  challenge  are  well  taken.  The  secretary  of  the 
convention  shall  record  the  vote  of  said  delegation  in  accordance  with 
the  vote  and  instructions  of  the  primary  district  at  said  primary 
election. 

§  55.  The  delegates  of  each  party  for  each  county,  to  all  State, 
congressional  and  senatorial  conventions,  shall  be  chosen  and  selected 
by  the  county  convention  of  the  respective  party  of  said  county,  and 
not  otherwise.  Any  candidate  other  than  a  candidate  for  a  county 
office,  who  shall  receive  the  highest  number  of  votes  cast  in  the  county 
in  said  primary  shall  be  entitled  to  receive  and  shall  have  cast  for 
him  the  vote  of  all  the  delegates  from  that  county  in  the  nominating 
convention. 

§  56.  The  candidate  of  any  party  for  the  nomination  of  Governor, 
whose  name  appears  on  the  primary  ballot  of  his  party  in  any  county, 
who  shall  have  received  the  highest  number  of  votes  cast  by  his  party 
in  said  county,  as  shown  by  the  certificate  of  returns,  shall  be  entitled 
to  receive  and  shall  have  cast  for  him  the  vote  of  all  the  delegates 
from  that  county  in  the  nominating  convention  and  such  fact  shall  be 
stated  in  the  credentials  issued  to  the  delegates  to  the  State  conven- 
tion of  said  party  from  said  county. 

§  57.  The  candidate  of  any  party  for  the  nomination  of  any  con- 
gressional office,  whose  name  appears  on  the  primary  ballot  of  his 
party  in  any  county,  who  shall  have  received  the  highest  number  of 


107 

votes  cast  by  his  party  in  said  county  as  shown  by  the  certificate  of 
returns,  shall  be  entitled  to  receive  and  shall  have  cast  for  him  the 
votes  of  all  the  delegates  from  that  county  in  the  nominating  conven- 
tion and  such  fact  shall  be  stated  in  the  credentials  issued  to  the  dele- 
gates to  the  congressional  convention  of  said  party  from  said  county. 

§  58.  The  candidate  of  any  party  for  the  nomination  for  member 
of  General  Assembly,  whose  name  appears  on  the  primary  ballot  of 
his  party  in  any  county,  who  shall  have  received  the  highest  number 
of  votes  cast  by  his  party  in  said  county  as  shown  by  the  certificate  of 
returns,  shall  be  entitled  to  receive  and  shall  have  cast  for  him  the 
votes  of  all  the  delegates  from  that  county  in  the  nominating  conven- 
tion, and  such  fact  shall  be  stated  in  the  credentials  issued  to  the  dele- 
gates to  the  senatorial  convention  of  said  party  from  said  county: 
(2)  Provided,  that  in  senatorial  districts  consisting  of  two  counties 
no  more  than  two  persons  of  the  same  political  party,  that  is,  one  can- 
date  for  senator  and  one  for  representative,  or  two  candidates  for 
representative  shall  be  nominated  from  any  one  county;  and  that  in 
senatorial  districts  consisting  of  three  counties  or  more,  only  one  per- 
son of  the  same  political  party,  that  is,  either  one  candidate  for  sena- 
tor or  one  candidate  for  representative,  shall  be  nominated  from  any 
county. 

§  59.  If  it  shall  be  ascertained  by  any  roll  call  in  any  convention, 
that  no  candidate  has  a  majority  of  the  delegates  in  such  convention 
and  that  a  nomination  is  thereby  rendered  impossible,  then  said  con- 
vention may,  by  a  majority  vote,  of  all  the  delegates  to  the  conven- 
tion, release  the  delegates  from  instructions,  and  each  individual  del- 
egate shall  thereafter  vote  as  he  may  determine. 

§  60.  No  spirituous,  malt,  vinous  or  intoxicating  liquor  shall  be 
sold  or  given  away,  nor  shall  any  saloon  or  bar  room  or  place  where 
such  liquor  is  sold  or  given  away,  be  open  during  the  holding  of  any 
primary  election.  Whoever  violates  the  provisions  of  this  section 
shall  be  fined  in  a  sum  not  less  than  $25  nor  more  than  $100.  It 
shall  be  the  duty  of  the  sheriff,  coroner,  constable  and  other  officers 
of  the  county,  and  magistrates,  to  see  that  the  provisions  of  this  sec- 
tion are  enforced. 

(1)  If  any  person  whose  vote  is  challenged:  or  any  witness  sworn 
under  the  provisions  of  this  act,  shali  knowingly,  wilfully  and  cor- 
ruptly swear  falsely  he  shall  be  deemed  guilty  of  perjury,  and  on  con- 
viction thereof  shall  be  punished  accordingly. 

(3)  Whoever  unlawfully  votes  more  than  once  at  any  election,  or 
offers  to  vote  after  having  once  voted  at  such  election,  shall,  on  con- 
viction thereof,  be  fined  in  a  sum  not  exceeding  $1,000,  or  imprisoned 
in  the  county  jail  not  exceeding  one  year,  or  both,  in  the  discretion 
of  the  court. 

(4)  Whoever  wilfully  aids  or  abets  any  one  not  legally  qualified 
to  vote  at  an  election  in  voting  or  attempting  to  vote  at  such  elec- 
tion :  or 


108 

Second.  Furnishes  an  elector  with  a  ticket  or  ballot  informing 
him  that  it  contains  a  name  different  from  that  which  appears  there- 
on, with  intent  to  induce  him  to  vote  contrary  to  his  inclinations;  or 

Third.  Changes  a  ballot  to  [of]  an  elector,  with  intent  to  deprive 
such  elector  of  voting  for  such  person  as  he  intended ;  or 

Fourth.  By  unlawful  means  prevents  or  attempts  to  prevent  any 
voter  from  attending  or  voting  at  an  election;  or 

Fifth.  Gives,  or  offers  to  give,  any  valuable  thing  or  bribe  to  any 
judge  or  clerk  of  an  election,  as  a  consideration  of  some  act  to  be  done 
or  omitted  to  be  done  contrary  to  his  official  duty  in  relating  [relation] 
to  such  election,  shall  on  conviction  thereof,  be  fined  in  a  sum  not  ex- 
ceeding $1,000.  or  imprisoned  in  the  county  jail  not  exceeding  one 
year,  or  both,  in  the  discretion  of  the  court.  And  any  judge  or  clerk 
who  shall  receive,  request  or  demand  any  bribe  or  reward  forbidden 
by  this  act  shall,  upon  conviction,  be  liable  to  the  same  penalties  as 
are  prescribed  in  this  act  for  the  giving  or  offering  to  give  such  bribe 
or  reward. 

(5)  Any  person  who  shall  solicit,  request,  demand  or  receive  di- 
rectly or  indirectly,  any  money,  intoxicating  liquor  or  any  other  thing 
of  value,  or  the  promise  thereof,  either  to  influence  his  vote,  or  to  be 
used,  or  under  the  pretense  of  being  used  to  procure  the  vote  of  any  other 
person  or  persons,  or  to  be  used  at  any  poll  or  other  place  prior  to  or 
on  the  day  of  an  election  for  or  against  any  candidate  for  office,  or  for 
or  against  any  measure  or  question  to  be  voted  upon  at  such  election, 
shall  be  deemed  guilty  of  the  infamous  crime  of  bribery  in  elections, 
and  upon  conviction  thereof  in  any  court  of  record,  shall  be  sentenced 
to  disfranchisement  by  the  judge  of  such  court  for  a  term  of  not  less 
than  five  and  not  more  than  fifteen  years,  and  to  the  county  jail  not 
less  than  three  months  nor  more  than  one  year,  and  to  pay  the  cost 
of  prosecution  and  stand  committed  to  the  county  jail  until  such  costs 
are  fully  paid.  That  for  a  conviction  of  a  second  offense  under  this 
section,  the  first  being  alleged  and  proven,  such  offender  shall  be  by 
sentence  of  the  court  forever  thereafter  disfranchised  and  deprived  of 
the  right  to  vote  at  an  election  in  this  State,  and  be  imprisoned  in  the 
county  jail  not  less  than  one  year,  and  be  committed  to  jail  in  default 
of  the  payment  of  costs  of  prosecution  until  such  costs  are  fully  paid. 
Prosecutions  may  be  had  under  this  section  by  indictment  in  the  cir- 
cuit court,  or  by  information  in  the  county  courts,  and  the  effect  of  a 
sentence  of  disfranchisement  in  either  of  said  courts,  both  having 
jurisdiction  of  offenses  hereunder,  shall  be  to  deprive  such  persons 
sentenced  of  the  right  to  vote  at  any  general  or  special  election,  or 
town  meeting,  within  this  State  for  the  period  of  time  fixed  by  the 
court  where  such  person  shall  be  convicted  under  this  section.  Any 
candidate  or  other  paying,  furnishing  or  promising  to  pay  or  fur- 
nish or  bribing  such  person,  with  money,  intoxicating  liquor,  or  any 
other  thing  of  value,  or  the  promise  thereof,  shall  not  be  liable  to  pun- 
ishment therefor,  but  shall  be  a  competent  witness  and  compelled  to 


109 

testify  in  prosecutions  under  this  section.  Solicitation  of  any  person 
of  a  loan  of  money,  or  the  purchase  of  anything  of  value,  or  any  other 
subterfuge,  shall  be  deemed  a  violation  thereof. 

Second.  Any  person  who  shall  have  been  legally  convicted  and  dis- 
franchised by  a  court  of  competent  jurisdiction  who  shall  before  the 
expiration  of  his  term  of  disfranchisement,  vote  or  offer  to  vote  at  any 
general  or  special  election,  or  town  meeting  within  this  State,  shall, 
upon  indictment  and  conviction  thereof  in  a  court  of  competent  juris- 
diction, be  confined  in  the  penitentiary  for  a  term  of  years  not  less 
than  one  or  more  than  ten  years. 

(6)  Whoever  is  disorderly  at  any  election  shall  forfeit  a  sum  not 
exceeding  $25. 

(7)  Whoever  bets  or  wagers  any  money,  property  or  other  valuable 
thing  upon  the  result  of  an  election  which  may  be  held  under  the  con- 
stitution or  laws  of  this  State,  or  bets  or  wagers  money,  property,  or 
other  valuable  thing  upon  the  number  of  votes  which  may  be  given 
to  any  person  at  an  election,  or  upon  who  shall  receive  the  greatest 
number  of  votes  at  an  election;  or  agrees  to  pay  any  other  person  any 
money,  property  or  other  valuable  thing,  in  an  event  that  an  election 
shall  result  in  one  way,  or  in  the  event  that  any  person  shall  or  shall 
not  be  elected,  or  shall  receive  a  greater  number  of  votes  than  others, 
upon  conviction  thereof  shall  be  fined  in  a  sum  not  exceeding  $1,000, 
or  imprisoned  in  the  county  jail  not  exceeding  one  year,  or  both,  in 
the  discretion  of  the  court. 

(8)  If  any  judge  of  an  election  shall  permit  a  person  to  vote  whose 
vote  is  challenged,  without  the  proof  required  in  this  act;  or 

Second.  Shall  knowingly  and  wilfully  permit  a  person  to  testify 
as  a  witness  contrary  to  the  provisions  of  this  act;  or 

Third.  Shall  knowingly  permit  a  person  to  vote  who  is  not  quali- 
fied according  to  law;  or  the  same  election  for  the  same  office,  except 
as  allowed  by  law;  or 

Fourth.  Shall  knowingly  receive  and  count  more  than  one  vote 
from  the  same  person  at  the  same  election  for  the  same  office,  except 
as  allowed  by  law;  or 

Fifth.  Shall  refuse  to  receive  the  vote  of  a  qualified  elector  at 
such  election,  who  will  make  the  affidavit  and  proof  required  by  this 
act;  or 

Sixth.  Shall  be  guilty  of  any  fraud,  corruption,  partiality  or  man- 
ifest misbehavior;  or 

Seventh.  Shall  open  or  unfold  any  ballot  when  the  same  is  pre- 
sented to  be  deposited  in  the  ballot  box ;  or 

Eighth.  Shall  wilfully  neglect  to  perform  any  of  the  duties  re- 
quired of  him  by  this  act,  shall,  on  conviction  thereof,  be  fined  in  a 
sum  not  exceeding  $1,000,  or  imprisoned  in  the  county  jail  not  ex- 
ceeding one  year,  or  both,  in  the  discretion  of  the  court. 

(9)  If  any  clerk  of  an  election  shall  wilfully  neglect  to  perform  any 
duty  required  of  him  as  clerk  of  election,  or  shall  be  guilty  of  fraud, 


110 

corruption  or  misbehavior  as  such  clerk,  he  shall,  on  conviction,  be 
fined  in  a  sum  not  exceeding  $500,  or  imprisoned  in  the  county  jail 
not  exceeding  six  months,  or  both,  in  the  discretion  of  the  court. 

(10)  If  any  judge,  clerk  or  messenger,  after  having  been  deputed 
by  the  judges  of  election  to  carry  the  poll  books,  tally  lists  and  votes 
of  such,  election  to  the  place  where  by  law  they  are  required  to  be  can- 
vassed, wilfully  or  negligently  fails  to  deliver  such  poll  books,  tally 
lists  or  ballots,  within  the  time  prescribed  by  law,  with  the  seal  un- 
broken, he  shall,  upon  conviction,  be  fined  in  a  sum  not  exceeding 
$500,  or  imprisoned  in  the  county  jail  not  exceeding  six  months,  or 
both,  in  the  discretion  of  the  court. 

(11)  If  the  county  clerk  wilfully  neglects  or  refuses  to  perform 
any  duty  required  of  him  by  this  act,  he  shall,  upon  conviction,  be 
fined  in  a  sum  not  exceeding  $500,  and  shall  be  liable  to  the  person 
injured  by  reason  of  such  neglect  or  refusal,  in  an  amount  not  exceed- 
ing $500,  to  be  recovered  in  an  action  on  the  case. 

(12)  If  any  county  clerk  or  justice  of  the  peace  shall  be  guilty  of 
fraud,  corruption  or  misbehavior  in  canvassing  the  votes  or  making 
^,ny  abstract  of  votes  or  issuing  any  certificate  of  election,  he  shall, 
on  conviction,  be  fined  in  any  sum  not  exceeding  $500,  or  imprisoned 
in  the  county  jail  not  exceeding  one  year,  or  both,  in  the  discretion  of 
the  court. 

(13)  Whoever  shall  wilfully  and  wrongfully  take  or  carry  away 
from  the  place  where  it  has  been  deposited  for  safe  keeping,  or  de- 
face, mutilate  or  chauge  any  poll  book,  ballot  or  tally  list,  or  any 
name  or  figure  therein,  shall  on  conviction,  be  fined  in  a  sum  not  ex- 
ceeding $1,000,  or  imprisoned  in  the  county  jail  not  exceeding  one 
year,  or  both,  in  the  discretion  of  the  court. 

§  61.  When  a  vacancy  shall  occur  in  any  elective  office  and  a  spe- 
cial election  shall  become  necessary  to  fill  the  same,  the  committee  of 
the  several  political  parties  for  the  territorial  area  in  which  such 
vacancy  occurs,  shall  nominate  the  candidate  or  candidates  for  the  re- 
spective parties. 

§  62.  Any  State  convention,  the  congressional  or  senatorial  con- 
vention of  any  congressional  or  senatorial  district  and  any  county 
convention  of  any  party,  shall  have  power  to  direct  the  respective 
official  committee  to  fill  any  vacancy  or  vacancies  which  may  occur  on 
the  ticket  nominated  by  each  respective  convention. 

§  63.  No  delegate  to  any  convention  held  under  the  provisions  of 
this  act  shall  have  any  power  or  authority  to  name  or  appoint  any 
proxy  or  substitute  to  vote  for  or  in  his  stead,  and  no  proxy  or  substi- 
tute appointed  by  any  delegate  shall  be  binding  or  effective  on  any 
convention  or  conventions  held  under  the  provisions  of  this  act. 

§  64.  It  is  hereby  made  the  duty  of  the  grand  jury  of  each  county, 
at  each  and  every  term,  to  inquire  into  all  violations  of  this  act. 

§  6d.  Provided,  that  in  all  counties  of  this  State,  having  a  popu- 
lation of  one  hundred  and  twenty-five  thousand  or  over,  the  following 
sections  only  shall  apply,  except  as  hereinafter  provided. 


Ill 

§  66.  That  in  every  county,  city,  village  or  incorporated  town  re- 
spectively in  this  State  to  which  this  act  shall  apply  as  hereinafter 
provided,  the  primary  elections  for  delegates  to  constitute  the  various 
conventions  of  the  different  political  parties  or  organizations  of  such 
county,  city,  village  or  incorporated  town,  or  any  part  thereof,  held  for 
the  nomination  of  candidates  for  public  office  in  this  State,  and  any 
part  thereof,  and  for  the  Congress  of  the  United  States,  whose  names 
are  to  be  printed  on  the  official  election  ballots  printed  and  distribu- 
ted at  public  expense  in  such  county,  city,  village  or  incorporated 
town,  or  any  part  thereof,  shall  hereafter  be  held  under  and  pursuant 
to  this  act.  A  convention  to  nominate  candidates  for  public  office  to 
be  voted  for  by  the  electors  of  the  entire  State  shall  be  known  as  a 
''State  convention;"  a  convention  to  nominate  candidates  for  public 
office  to  be  voted  for  by  the  electors  of  an  entire  county  shall  be 
known  as  a  "county  convention;"  a  convention  to  nominate  candidates 
for  public  office  to  be  voted  for  by  the  electors  of  an  entire  city,  vil- 
lage or  incorporated  town  shall  be  known  as  a  "city,  village  or  town 
convention,"  respectively;  a  convention  to  nominate  candidates  for 
public  office  to  be  voted  for  by  the  electors  of  an  entire  township  shall 
be  known  as  a  "township  convention;"  a  convention  to  nominate  can- 
didates for  public  office  to  be  voted  for  by  the  electors  of  an  entire  ward 
shall  be  known  as  a  "ward  convention;"  all  other  nominating  conven- 
tions in  this  State  shall  be  known  as  "district  conventions." 

Each  nominating  convention  shall  be  held  within  the  boundaries  of 
the  municipality  or  district  for  which  its  nominations  are  to  be  made, 
and  at  the  place  designated  in  the  call.  A  majority  of  the  delegates 
entitled  to  a  seat  in  the  convention  shall  be  necessary  to  constitute  a 
quorum.  The  chairman  of  the  county  central  or  managing  committee 
shall  call  the  county  convention  to  order  and  preside  until  the 
temporary  officers  are  chosen.  The  chairman  of  the  county  central 
committee  shall  designate  a  committeeman  who  shall  call  the  various 
conventions  within  his  district  to  order, which  said  committeeman  shall 
be  a  resident  of  the  district  over  which  said  convention  is  called  to 
make  nominations,  and  said  committeeman  shall  preside  until  the 
temporary  officers  are  chosen.  All  convention  officers  shall  be  dele- 
gates and  shall  be  chosen  upon  a  roll  call,  such  roll  call  to  be  by 
wards  and  districts,  and  announced  by  the  chairman  of  such  ward  or 
district  delegation.  In  case,  however,  the  vote  of  any  ward  or  district 
is  challenged  or  disputed  when  announced,  then  the  roll  of  delegates 
of  such  ward  or  district  shall  be  called,  and  the  persons  receiving  the 
votes  of  a  majority  of  the  delegates  shall  be  declared  elected  the  offi- 
cers of  the  convention.  No  adjournment  or  recess  of  the  convention 
shall  be  taken  before  completing  the  nominations  it  was  called  to 
make,  except  upon  a  yea  and  nay  vote  taken  upon  a  roll  call,  as  afore- 
said. 

§  67.  Any  political  party  or  organization  which  at  the  last  preced- 
ing general  election  for  President  in  this  State  polled  at  least  twenty 
per  cent  of  the  entire  votes  cast  in  the  particular  county,  city,  village 
or  incorporated  town,  or  district  thereof,  respectively,  for  which  the 


112 

application  is  being  made,  shall  be  entitled,  under  this  act,  to  hold  a 
primary  election  on  the  last  Saturday  of  February  immediately  pre- 
ceding any  regular  spring  or  summer  elections ;  which  primary  elec- 
tion shall  effect  only  the  nominations  for  the  offices  to  be  filled  at  the 
particular  spring  or  summer  elections  next  and  immediately  following 
such  primary  election  day:  and  such  political  party  or  organization, 
qualified  as  stated  in  this  section,  shall  be  entitled  also  to  hold 
another  primary  election  on  the  last  Saturday  of  April,  immediately 
preceding  any  regular  summer  or  autumn  elections;  which  last 
mentioned  primary  election  shall  effect  only  the  nominations  for  the 
offices  to  be  filled  at  the  particular  summer  or  autumn  elections  next 
and  immediately  following  such  primary  election  day:  Provided, 
that  such  primary  election  day  and  certificates  of  nominations  shall  be 
subject  to  the  provisions  of  section  7  of  an  act  entitled,  "An  act  to 
provide  for  printing  and  distribution  of  ballots  at  public  expense,  and 
for  the  nomination  of  candidates  for  public  office,  to  regulate  the 
manner  of  holding  elections,  and  to  enforce  the  secrecy  of  the  ballot," 
in  force  July  1,  1891;  all  political  parties  shall  hold  their  primary 
elections  on  the  same  day. 

§  68.  The  political  party  or  organization  entitled  under  this  act 
to  hold  a  primary  election  at  least  twenty  days  before  such  primary 
election  day  shall  file  with  the  board  of  election  commissioners 
within  whose  jurisdiction  they  are;  and  in  such  portions  of  the 
county  as  lie  beyond  the  jurisdiction  of  said  board  of  election  com- 
missioners, with  the  county  clerk,  and  also  with  the  county  clerk 
where  there  is  no  board  of  election  commissioners,  a  call  or  applica- 
tion in  writing,  which  shall  set  forth: 

First — The  name  of  such  political  party  and  the  address  of  the 
headquarters  of  the  central  committee  or  managing  committee  of  such 
political  party. 

Second— The  name,  place  and  time  of  every  convention  for  the 
nomination  of  candidates  for  public  office  for  which  such  primary 
election  is  called. 

Third — The  description  of  each  of  the  various  primary  election 
districts,  together  with  the  names  of  the  three  persons  for  judges  of 
election  and  two  persons  for  clerks  of  election  for  each  such  primary 
district,  also  the  designation  of  a  polling  place  for  each  such  primary 
district. 

Fourth — The  number  of  delegates  from  each  such  primary  district 
to  each  convention:  Provided,  that  the  number  of  delegates  from 
each  of  the  different  primary  districts  be  proportioned  equally  to  the 
number  of  votes  of  such  political  party  in  each  district  as  shown  by 
the  last  preceding  presidential  election  returns :  And,  provided,  that 
each  primary  election  district  shall  be  allowed  to  be  represented  by  at 
least  one  delegate  to  each  convention  in  which  such  primary  district 
is  entitled  to  be  represented:  Provided,  that  all  the  organizations  or 
subdivisions  of  any  one  general  political  party  representing  any  mu- 
nicipality, district  or  ward,  shall  hold  their  primary  elections,  such  as 


113 

may  then  be  in  order,  for  the  respective  county,  city,  village  or  incor- 
porated town,  or  other  political  divisions  therein,  together  and  on  one 
and  the  same  day;  and  each  municipal,  district  or  ward  organization 
of  the  party  that  neglects  to  join  shall  forfeit  the  right  to  hold  pri- 
maries for  its  political  nominations  then  due.  In  due  time  before 
riling  said  call  or  application,  the  central  or  managing  committee  rep- 
resenting the  largest  political  territory  for  which  primaries  are  next 
in  order  may  notify,  in  writing,  the  chairman  or  secretary  of  each  ter- 
ritorial organization  of  such  general  party  to  return,  in  writing,  within 
a  specified  time,  properly  authenticated  by  such  territorial  organiza- 
tion of  the  party,  the  request  of  such  subdivision  of  the  party  for  its 
respective  primaries,  and  also  the  name,  place  and  time  of  the  lawful 
nominating  conventions  they  wish  to  hold,  and  containing  other  law- 
ful suggestions;  and  upon  receiving  such  request  in  writing,  such  cen- 
tral or  managing  committee  shall  include  in  said  call  or  application 
the  name,  place  and  time  of  the  proper  conventions  of  such  subdi- 
visions of  the  party,  and  all  such  other  proper  matters  and  things  as 
will  make  its  primaries  effective,  fair  and  equal,  and  shall  make  only 
such  small  changes  in  the  time  of  the  suggested  primary  election  day 
or  the  convention  days  as  may  be  required  by  this  act  in  order  to  have 
all  the  primaries  of  each  political  party  held  on  the  same  day;  but 
such  central  or  managing  committee,  even  if  no  request  in  writing  is 
returned,  may  include  the  primaries  and  conventions  of  all  such  lesser 
territorial  subdivisions  of  the  party.  If  such  central  or  managing 
committee,  after  receiving  such  request  in  writing,  files  said  call  or 
application  without  including  therein  the  primaries  and  conventions 
of  the  subdivision  of  the  party  making  a  request  in  writing,  as  afore- 
said, such  subdivision  of  the  party  shall  be  entitled  to  hold  its  pri- 
maries together  with  the  general  party,  upon  filing  with  the  proper 
public  officer,  clerk  or  board,  at  least  17  days  before  the  primary  elec- 
tion day,  an  application  in  writing,  which  shall  set  forth  the  fact  of 
such  omission,  the  name  of  the  headquarters  of  the  subdivision  of 
such  party,  the  name,  place  and  time  of  the  lawful  conventions  desired 
to  be  held  by  such  subdivision  of  the  party,  and  containing  also  such 
other  suggestions  and  statements  as  will  make  it  possible  for  the 
proper  authorities  to  include  the  primaries  of  such  subdivision  of  the 
party  in  the  general  primaries  of  the  general  party.  In  default  of 
such  central  or  managing  committee  in  filing  any  call  or  application 
at  least  38  days  before  nomination  certificates  for  the  regular  election 
day  are  due,  then  each  subdivision  of  such  party  whose  lawful  pri- 
maries are  then  in  order  may,  not  less  than  35  days  before  the  day 
such  certificates  are  due,  file  its  own  call  or  application,  and  the  law- 
ful officer,  board  of  election  commissioners,  or  the  county  clerk,  as  the 
case  may  be,  with  whom  the  calls  are  lawfully  filed,  shall,  in  an  order 
or  memorandum,  substantially  in  the  form  of  a  call  or  application,  fix 
one  and  the  same  day  for  all  such  primaries,  and  shall  determine  and 
fix  upon  all  other  things  necessary  to  have  such  applicants  have  an 
effective,  fair  and  equal  primary  election  with  as  little  public  expense 
as  possible. 

— 8  E  L 


114 

.§  69.  Such  call  or  application  shall  be  signed  by  the  chairman 
and  attested  by  the  secretary  of  the  central  committee  or  managing 
committee  of  such  political  party  or  organization,  verified  by  oath 
that  the  facts  therein  stated  are  true  and  that  they  are,  respectively, 
the  chairman  and  secretary  of  such  committee.  No  persons  and  no 
political  party  or  organization  shall  use  the  name  of  another  political 
party  or  organization  (or  any  designation  similar  to  that  of  another 
political  party  or  organization)  in  such  manner  as  to  deceive  voters. 
Upon  the  filing  of  such  call  or  application,  according  to  the  provi- 
sions of  this  act,  any  political  party  or  organization  which,  at  the  last 
preceding  general  election  for  presidential  electors  in  this  State, 
polled  at  least  twenty  per  cent  of  the  entire  vote  cast  in  the  whole 
county,  city,  village  or  incorporated  town,  represented  by  such  politi- 
cal party  or  organization,  shall  be  allowed  to  hold  a  primary  election 
under  this  act. 

§  70.  At  least  ten  days  before  the  primary  election  day,  designated 
as  aforesaid,  it  shall  be  the  duty  of  the  board  of  election  commission- 
ers, or  the  county  clerk,  or  both,  as  the  case  may  be,  upon  the  appli- 
cation or  call  of  any  political  party  entitled  thereto,  as  aforesaid, 
through  its  central  committee,  or  managing  committee,  as  aforesaid, 
to  give  notice  of  such  primary  election.  Such  notice  shall  contain 
the .  name  of  the  political  party  or  organization  for  which  such 
primary  election  is  to  be  held,  the  name,  place  and  time  of  each 
convention  according  to  the  application  or  call  aforesaid,  to  be  held 
by  such  party  for  the  nomination  of  candidates  for  public  office,  the 
date  upon  which  such  primary  election  is  to  be  held,  the  description 
of  each  of  the  various  primary  election  districts,  the  location  of  the 
polling  place  for  each  such  district,  and  the  number  of  delegates  to 
be  elected  from  each  primary  district  to  each  convention.  Such 
notice  shall  be  posted  in  five  public  places  in  each  primary  district. 
But  no  failure  or  error  in  noticing  or  in  the  application  aforesaid, 
shall  invalidate  any  primary  election  actually  held,  and  any  primary 
election  held  pursuant  to  any  notice  substantially  like  the  above 
notice  shall  be  deemed  to  be  held  under  this  act,  and  all  justices  of 
the  peace,  and  all  judges  of  courts  of  record  in  the  territory  for  which 
such  primary  election  is  called  shall  take  judicial  notice  of  the  hold- 
ing of  such  primary  election  under  this  act. 

§  71.  For  purposes  of  primary  elections  under  this  act,  and  in  the 
more  sparsely  settled  country,  a  regular  election  precinct  may  con- 
stitute a  primary  election  district;  but  in  populous  sections,  in  order 
to  save  expense,  from  two  to  seven,  but  no  more,  entire  contiguous 
election  precincts  of  the  same  ward,  or  other  political  division,  in  as 
compact  a  form  as  practicable,  may  be  joined  so  as  to  form  one 
primary  election  district,  but  in  such  manner  that  each  primary 
election  district,  consisting  of  two  or  more  regular  election  precincts, 
shall  include  at  least  three  regular  election  judges  and  two  regular 
election  clerks  residing  within  such  primary  district  and  belonging  to 
the  party  establishing  such  primary  district.  In  no  event  shall  any 
primary  district  contain  more  than  eight  hundred  votes,  to  be 
ascertained  by  the  party  vote  of   the   party  holding   said  primary 


115 

election  cast  at  the  last  preceding  presidential  election.  Primary 
districts,  when  lawfully  established,  shall  remain  so  established  for 
each  party's  successive  primaries  for  the  period  of  four  years,  except 
as  changes  may  be  necessitated  by  law:  Provided,  that  where  a 
regular  election  precinct  consists  of,  and  is  co-extensive  with,  a  con- 
gressional township,  then  said  congressional  township  shall  constitute 
one  primary  election  district  within  the  meaning  of  this  act: 
And,  provided,  farther,  that  in  such  case,  and  in  any  case  where 
there  exists  no  board  of  election  commissioners,  and  where  the  judges 
and  clerks  of  election  are  appointed  and  chosen  by  a  board  of  super- 
visors or  board  of  county  commissioners,  then  the  judges  and  clerks 
who  are  to  serve  as  judges  and  clerks  of  any  primary  election  shall  be 
members  of  the  political  party  holding  such  primary  election;  and  if 
there  are  no  judges  and  clerks  of  election  in  and  for  such  congres- 
sional township  who  belong  to,  and  are  members  of,  the  political  party 
seeking  to  hold  a  primary  election  under  the  provisions  and  within 
the  meaning  of  this  act,  then  the  county  central  or  governing  commit- 
tee of  such  political  party  shall  have  and  is  hereby  granted,  the  power 
and  right  to  name,  appoint,  notify,  direct  and  qualify  such  members 
of  its  own  party  as  are  otherwise  eligible  under  the  provisions  of  this 
act  to  serve  as  judges  and  clerks  of  such  or  any  primary  election  held 
under  and  within  the  meaning  of  this  act.  In  each,  such  primary 
election  district  there  shall  be  a  primary  polling  place,  which  shall 
be  as  near  the  center  of  population  of  such  district  as  is  practicable, 
and  such  primary  polling  place  shall  be  in  the  most  public,  orderly 
and  convenient  part  of  such  primary  district,  and  within  a  room  per- 
mitting easy  ingress  and  egress  to  voters,  and  no  building  shall  be 
designated  or  used  as  such  polling  place  in  which  spirituous  or  intox- 
icating liquor  is  sold,  or  which  is  within  one  hundred  feet  of  any  place 
where  such  liquor  is  sold.  The  central  committee  or  managing  com- 
mittee of  any  political  party  or  organization  entitled  to  hold  such  pri- 
mary elections  under  this  act  shall  establish  such  primary  election 
districts  and  designate  such  polling  places  according  to  this  act  not 
less  than  twenty  days  before  such  primary  election  day.  In  default 
of  such  central  committee  or  managing  committee  designating  such 
primary  election  districts  and  polling  places,  the  same  shall  be  done 
by  the  member  or  members  of  the  board  of  election  commissioners 
representing  said  party;  or,  if  no  such  board  exists  in  any  part  of  the 
county,  then  by  the  judge  of  the  county  court,  and  where  there  is  a 
board  of  election  commissioners  which  does  not  have  jurisdiction  over 
the  entire  county  then  the  county  court  shall  do  the  same  over  such 
territory  in  his  county  where  said  board  of  election  commissioners 
does  not  have  jurisdiction. 

§  72.  Not  less  than  ten  days  before  such  primary  election  day,  the 
certain  person,  officer,  officers  or  board,  or  board  of  election  commis- 
sioners, as  the  case  may  be,  by  the  general  election  law  authorized  to 
appoint  judges  and  clerks  for  general  elections,  is  and  are  hereby 
empowered  to  appoint,  and  shall,  for  each  primary  election  district, 
appoint  and  swear  in  from  the  list  of  duly  appointed  and  regular  elec- 


116 

tion  judges  and  clerks,  and  otherwise  as  herein  provided,  three  judges 
and  two  clerks,  who  are  members  of  such  political  party,  to  serve  re- 
spectively as  judges  and  clerks  at  such  primary  election:  Provided, 
however,  that  such  political  party  or  organization,  through  its  central 
or  managing  committee,  shall  have  the  right,  not  less  than  20  days 
before  such  primary  election  day,  to  designate  and  name  for  appoint- 
ment for  service  at  such  primary  elections  such  certain  of  the  regu- 
larly listed  judges  and  clerks  as  were  originally  recommended  and 
named  or  endorsed  for  appointment  as  regularly  elected  judges  and 
clerks  by  such  political  party;  and  in  case  there  are  not  a  sufficient 
number  of  listed  regular  judges  and  clerks  so  originally  recommended 
and  named  or  endorsed  by  such  political  party  to  equip  all  primary 
polling  places  of  such  party,  then  such  political  party  or  organization 
may,  not  less  than  20  days  before  such  primary  election  day,  through 
its  central  or  managing  committee,  recommend  to  such  appointing 
power  a  sufficient  number  of  qualified  persons  for  appointment  to 
serve  as  primary  election  judges  and  clerks  to  equip  all  the  pri- 
mary polling  places  of  such  party ;  and  such  person,  officer  or  board 
having  such  appointing  power,  to  whom  or  to  which  such  names 
are  designated  by  such  political  party  as  aforesaid,  shall,  not  less 
than  ten  days  before  said  primary  election  day,  select  from  the 
names  so  recommended,  and  shall  notify,  appoint  and  swear  in  such 
persons  if  qualified  to  act  as  judges  and  clerks  at  such  primary  elec- 
tion; and  such  persons  so  appointed  shall  serve  as  judges  and  clerks, 
respectively,  at  such  primary  election.  Except  when  only  one  or  two 
regular  election  precincts  form  a  primary  election  district,  no  two 
judges  and  no  two  clerks  shall  serve  at  the  same  primary  polling 
place  who  reside  in  the  same  regular  election  precinct.  In  de- 
fault of  such  designation  or  recommendation  of  such  judges  and 
clerks  by  such  political  party,  and  in  any  case  of  vacancy  among  pri- 
mary judges  and  clerks,  then  such  person,  officer  or  board  having  the 
appointing  power  as  aforesaid  shall  appoint  and  swear  in  from  the 
list  of  duly  appointed  and  regular  election  judges  and  clerks  who  are 
members  of  such  party  a  sufficient  number  of  judges  and  clerks  to 
equip  all  the  primary  polling  places  of  such  party.  Such  judges  and 
clerks  appointed  under  this  act  shall  take  an  oath  of  office  substan- 
tially as  follows,  and  shall  subscribe  their  names  to  the  same: 

"I residing  at in  the  city 

(village  or  town)  of in   the   State  of  Illinois,  do 

solemnly  swear  (or  affirm)  that  [I]  am  a  legal  voter  and  a  member  of 

the party  and  a  householder  in  the ward 

of  the  city  (village  or  town)  of in  the  State  of 

Illinois;  that  I  will  support  the  laws  and  Constitution  of  the  United 
States  and  of  the  State  of  Illinois,  and  that  I  will  faithfully  and 
honestly  discharge  the  duties  of  primary  election  judge,  (or  clerk)  for 

the primary  election  district  of  the ward,  of  the 

city  (village  or  town)  of in  the  county  of 

in  the  State  of  Illinois,  according  to  the  best  of  my  ability. 

Dated  this day  of A.  D 


117 

In  due  time,  before  such  primary  election  day,  such  appointing  per- 
son, officer  or  board  shall  notify  every  person  designated  as  aforesaid 
and  intended  for  appointment  as  judge  or  clerk  of  the  fact  of  his 
selection ;  and  he  shall,  unless  excused  by  such  person,  officer  or 
board,  for  good  cause,  be  appointed  as  a  judge  or  clerk,  respectively, 
and  he  shall  then  be  bound  to  serve  as  such  judge  or  clerk  for  the 
ensuing  primary  ejection.  Such  person,  officer  or  board  appointing 
judges  and  clerks  as  aforesaid  shall  keep  a  record  of  the  names  of  all 
such  persons  so  notified  to  appear,  and  whether  such  persons  were 
rejected  for  want  of  qualification  or  excused  for  cause;  in  such  case 
the  facts  shall  be  noted.  In  case  any  person  so  notified  shall  not  ap- 
pear before  such  person,  officer  or  board,  as  required  in  this  act,  or  if 
he  do  appear  and  refuse  to  serve,  or  if  he  shall  be  sworn  to  serve  and 
fail  to  serve  on  the  day  appointed,  he  shall  be  guilty  of  a  misde- 
meanor under  this  act,  unless  good  cause  be  shown  to  excuse  his  de- 
fault for  such  service.  In  case  the  person  intended  for  appointment 
■does  not  appear  upon  notification,  then  other  persons  shall  be  notified 
as  aforesaid  until  eligible  persons  are  found  who  will  serve.  All  per- 
sons subscribing  to  the  oath  as  aforesaid,  and  all  persons  actually 
serving  as  judges  and  clerks  at  any  primary  election,  whether  sworn 
in  or  not,  shall  be  deemed  to  be,  and  are  hereby  declared  to  be,  offi- 
cers of  the  county  court  of  the  respective  county;  and  sach  persons 
shall  be  liable  to  punishment  by  such  court  in  a  proceeding  for  con- 
tempt for  any  misbehavior  as  such  judge  or  clerk,  to  be  tried  in  open 
•court  on  oral  testimony,  in  a  summary  manner,  without  written 
pleadings;  but  such  trial  or  punishment  for  contempt  of  court  shall 
not  be  any  bar  to  any  criminal  proceedings  against  such  primary 
judges  or  clerks  for  any  violation  of  this  act. 

§  73.  All  the  laws  of  this  State  respecting  the  general  elections  in 
this  State,  now  or  hereafter  in  force  in  any  election  precinct  or  dis- 
trict in  such  county,  city,  village  or  incorporated  town,  except  as  the 
same  are  modified  by  the  provisions  of  this  act,  and  so  far  as  the 
same  are  applicable  to  primary  elections  provided  for  in  this  act,  are 
hereby  declared  to  be  in  force  in  each  primary  election  district  re- 
specting the  primary  elections  provided  for  in  this  act.  Polling 
places  in  the  respective  primary  election  districts  shall  be  appointed, 
provided,  established,  furnished,  warmed,  lighted,  maintained,  con- 
ducted and  supervised;  and  all  necessary  ballot  boxes,  registry 
books,  return  sheets,  blanks,  poll  books,  stationery  and  supplies  shall 
be  provided,  furnished,  delivered  and  used;  and  notices  of  such  pri- 
mary election  shall  be  posted;  and  all  judges  and  clerks  shall  be  paid, 
appointed  upon  the  recommendation  of  the  central  committee  or 
managing  committee,  as  aforesaid,  qualified,  notified,  directed,  in- 
structed, sworn,  and  vacancies  in  their  number  supplied;  and  such 
primary  election  in  each  election  district  shall  be  conducted,  super- 
vised, regulated  and  controlled;  and  after  being  used  at  any  primary 
■election,   all   registry   books,  poll  books,  ballots,  statements,  returns, 


118 

ballot  boxes,  ballot  box  keys  and  other  election  paraphernalia  shall 
be  preserved,  kept,  stored,  accounted  for  and  returned ;  and  the  poll- 
ing places  and  the  polls  of  such  primary  election  shall  be  opened  and 
closed  respectively; 

In  the  same  manner  and  by  the  same  persons  or  officers  or  board  or 
judges  and  clerks,  as  is  provided  by  the  law  in  force  in  any  election 
precinct  or  district  in  such  county,  city,  village  or  incorporated  town, 
respecting  the  general  elections,  except  as  such  general  election  laws 
are  modified  by  this  act.  The  certain  person,  officer,  board,  board  of 
election  commissioners,  or  any  or  all  of  them,  by  the  general  election 
law  authorized  to  furnish  or  have  the  custody  of  general  election  bal- 
lot boxes,  general  registry  books  of  voters  and  other  election  para- 
phernalia, shall,  in  due  time  before  primary  election  day,  notify  one 
or  more  of  the  judges  of  each  election  district  to  appear  before  such 
person,  officer  or  board  in  due  time  before  primary  day;  and  such 
judges  shall  appear  within  such  time  and  such  person,  officer  or  board 
shall  deliver  to  such  judge  or  judges  for  each  primary  election  district 
one  regular  election  registry  book  of  voters  for  each  regular  election 
precinct  included  in  the  primary  election  district,  also  sufficient  poll 
books,  tally  sheets,  blank  affidavits,  oaths,  statements  of  votes,  dele- 
gates' certificates  of  election;  also  all  other  blanks,  papers  and  sup- 
plies necessary  to  carry  out  the  provisions  of  this  act. 

§  74.  The  expense  of  conducting  such  primary  elections  shall  be 
paid  by  the  county,  or  by  the  city,  or  by  the  village  or  incorporated 
town,  respectively,  to  which  this  act  shall  apply,  as  hereinafter  pro- 
vided, including  the  salaries  of  judges  and  clerks,  the  cost  of  ballot 
boxes,  registry  books,  poll  books,  return  sheets,  stationery,  supplies, 
polling  places  and  such  other  expenses  as  are  necessary  and  inci- 
dental to  carrying  out  the  provisions  of  this  act.  The  board  of 
election  commissioners,  where  such  board  has  jurisdiction, 
otherwise  the  county  clerk,  shall  audit  all  the  claims  of 
such  judges  and  clerks  of  such  primary  election:  Provided, 
that  in  cities,  villages  and  incorporated  towns  where  there 
is  a  board  of  election  commissioners,  all  expense  incurred 
by  such  board  of  election  commissioners  shall  be  paid  by 
such  city.  Such  expenses  are  to  be  audited  by  the  county  judge  and 
shall  be  paid  by  the  city  treasurer  upon  the  warrants  of  such  county 
judge  out  of  any  money  in  the  city  treasury  not  otherwise  appropri- 
ated. It  shall  be  the  duty  of  the  governing  authority  of  such  city  to 
make  provision  for  the  prompt  payment  of  such  expenses.  At  all  pri- 
mary elections  for  city  officers,  though  other  than  city  officers  may  be 
nominated  at  the  same  time,  and  at  all  primary  elections,  in  a  part  of 
such  city,  such  city  shall  pay  such  judges  and  clerks  for  their  services 
under  this  act.  At  all  general  county  and  State  primary  elections, 
though  other  than  State  and  county  officers  are  to  be  nominated,  and 
at  all  primary  elections  where  other  than  judiciaj  officers  are  to.be 
nominated,  such  county  shall  pay  such  judges  and  clerks  for  their 
services  under  this  act.  Said  board  of  election  commissioners  shall 
audit  all  claims  of  judges  and  clerks  and  shall  draw  a  warrant  therefor 
upon  such  city  or  county  treasury,  as  the  case  may  be. 


119 

§  75.  The  judges  and  clerks  of  such  primary  election  shall  be  al- 
lowed the  sum  of  rive  dollars  each  per  day  for  their  services  in  attend- 
ing such  primary. 

§  76.  In  order  to  be  qualified  to  vote  at  a  primary  election,  the 
person  offering  to  vote  shall  be  a  member  of  the  particular  party  and 
legally  qualified  to  vote  at  the  next  ensuing  regular  election.  He 
shall  be  registered  on  the  regular  election  registry  books  within  the 
primary  district  and  reside  within  the  district  in  which  he  offers  to 
vote:  Provided,  no  person  shall  be  deemed  to  be  a  member  of  a  par- 
ticular party  if  he  has  signed  any  petition  for  the  nomination  of  any 
person  with  reference  to  the  nomination  for  the  next  ensuing  regular 
elections,  or  if  he  has  voted  at  the  primary  election  of  another  party 
within  the  period  of  two^  years  next  preceding:  Provided,  that  in  ail 
localities  where  there  is* no  board  of  election  commissioners  having 
jurisdiction  of  general  elections,  every  legal  voter  entitled  to  vote  at 
regular  elections  within  any  election  precinct  included  within  the  pri- 
mary district  of  which  he  is  a  resident,  and  who  is  a  member  of  the 
political  association  or  party  holding  the  primary  election,  shaJl  be 
entitled  to  vote  at  such  primary  election  under  the  regulations  and 
restrictions  applicable  to  the  regular  elections. 

§  77.  None  but  legally  qualified  voters  residing  in  the  primary 
district  to  be  represented  shall  be  eligible  as  delegates  to  any  con- 
vention of  such  party.  Judges  and  clerks  acting  as  such  at  any 
primary  election  shall  be  ineligible  as  delegates  to  any  such 
convention.  No  person  shall  act  as  a  delegate  in  any  such  convention 
except  when  elected  a  delegate,  according  to  this  act:  Provided, 
that  in  the  absence  of  a  delegrate,  then  the  delegates  present  represent- 
ing the  district  shall  select  some  one  to  represent  such  absent  dele- 
gate or  delegates.  If  no  delegates  from  a  given  district  are  present, 
then  the  delegates  from  the  ward,  division,  or  township,  shall  select 
any  qualified  member  or  members  of  the  party  as  delegates  to  fill  such 
vacancy  or  vacancies :  Provided,  that  any  and  all  delegatees  who  are 
so  selected  to  represent  such  absent  delegates  shall  stand  instructed  to 
vote  in  the  convention  the  same  as  such  absent  delegate  or  delegates 
were  instructed  to  vote. 

§  78.  Any  candidate  for  the  nomination  of  Governor  shall  have 
his  name  printed  on  the  primary  ballot  of  his  political  party,  in  each 
county,  by  filing  in  the  office  of  the  Secretary  of  State  not  less  than 
thirty  days  before  the  primary  election  a  written  request  substantially 
as  follows: 

"I of  the  county  of ,  in  the  State  of 

Illinois,  certify  that  I  am  a  member  of  and  affiliated  with  the 

party ;  that  I  am  a  candidate  for  the  nomination  for  Gov- 
ernor before  the  next State  convention  of  Illinois,  and 

I  hereby  request  that  my  name  be  placed  upon  the  official  primary 
ballot  of  the  party  in  each  county  for  that  office." 

Any  candidate  for  the  nomination  for  United  States  Senator  shall 
have  his  name  printed  on  the  primary  ballot  of  his  political  party  in 


120 

each  county  by  filing  in  the  office  of  the  Secretary  of  State  not  less 
than  thirty  days  before  the  primary  election,  a  written  request  sub- 
stantially in  form  as  the  foregoing  request  provided  for  candidates 
for  Governor.  The  vote  upon  such  candidates  for  United  States  Sen- 
ator shall  be  had  for  the  sole  purpose  of  ascertaining  the  sentiment  of 
the  voters  in  the  respective  parties.  Each  candidate  for  Governor 
and  for  United  States  Senator  shall  further  file  with  the  Secretary  of 
State  petition  signed  by  no  less  than  five  thousand  legal  voters,  mem- 
bers of  the  party  in  which  he  is  a  candidate  for  nomination.  Not 
less  than  twenty-five  days  before  the  primary  election,  the  Secretary 
of  State  shall  certify  to  the  county  clerk  of  each  county  the  names  of 
all  candidates  for  nomination  for  Governor  and  United  States  Senator, 
together  with  their  political  affiliations,  as  specified  in  the  written  re- 
quest on  file  in  his  office.  Each  candidate  for  Governor  and  for 
United  States  Senator  of  the  respective  parties  shall  pay  to  the  Sec- 
retary of  State  a  riling  fee  of  one  hundred  dollars.  The  officer  or 
board  having  charge  of  elections  shall  cause  to  be  delivered  to  the 
Secretary  of  State  within  ten  days  following  such  primary  election, 
the  total  vote  cast  for  each  candidate  of  the  respective  parties  for 
United  States  Senator  and  for  Governor  within  their  jurisdiction. 
The  Secretary  of  State  shall  cause  to  be  delivered  to  the  chairman  of 
the  State  convention  of  the  respective  parties  next  following  such  pri- 
mary election,  upon  the  assembling  of  such  State  convention  of  the 
respective  parties,  the  total  vote  by  counties  for  each  candidate  for 
United  States  Senator  and  for  Governor  of  the  respective  parties.  It 
shall  be  the  duty  of  the  secretaries  respectively  of  State  conventions 
to  read  to  the  convention  before  any  candidate  is  put  in  nomination 
the  total  vote  by  counties  received  by  each  candidate  of  the  respective 
parties  voted  for  upon  the  primary  ballots  provided  for  in  this  act. 

§  79.  Any  candidate  for  the  nomination  of  Representative  in  Con- 
gress, member  of  the  General  Assembly,  mayor  or  alderman,  shall 
have  his  name  printed  upon  the  primary  ballot  of  his  party  in  the 
district  within  which  he  is  a  candidate,  by  filing  in  the  county  clerk's 
office  of  the  county  where  such  candidate  resides,  and  filing  copies 
thereof  in  other  counties  where  the  territory  in  which  he  is  a  candi- 
date extends  to  such  counties,  not  less  than  twenty-five  days  before 
the  primary  election,  a  written  request  substantially  in  the  following 
form : 

"I of  the  county  of in  the  State  of  Illi- 
nois, certify  that  I  am  a  member  of  and  affiliated  with  the 

party;  that  I  shall  be  a  candidate  for  the  nomination  for 

(describe  office),  before  the  next convention  in  the 

district  of  Illinois,  and  I  hereby  request  that  my  name  be 

placed  on  the  official  primary  ballot  of  the party  for  said 

primary  election. 


The  candidates  named  in  this  section  shall  pay  the  following  fees : 
Each  congressional  candidate  $100,  each  candidate  for  senator  $50, 
each  candidate  for  member  of  the  House  of  Representatives  $25,  each 


121 

candidate  for  mayor  $75,  each  candidate  for  alderman  $25.  Such  fees 
shall  be  proportionately  divided  among  the  respective  counties  of  the 
district.  Each  candidate  shall  further  file  in  the  office  of  the  Secre- 
tary of  State  a  petition  signed  by  at  least  five  per  cent  of  the  voters 
of  his  party  in  the  district  as  shown  by  the  last  preceding  election  for 
president.  The  officer  or  board  having  charge  of  elections  shall  cause 
to  be  delivered  to  the  chairman  of  the  respective  conventions  the  re- 
sult of  the  vote  for  said  candidates  last  above  mentioned.  It  shall  be 
the  duty  of  the  secretaries  of  said  respective  conventions  to  read  to 
their  conventions  before  any  candidate  is  put  in  nomination  the  total 
vote  by  districts  received  by  each  candidate  of  the  respective  party 
voted  for  upon  the  primary  ballot  provided  for  in  this  act. 

§  80.  No  candidate  for  the  nomination  for  any  office,  who  has  not 
complied  with  the  provisions  of  this  act  shall  be  nominated  by  any 
convention:  Provided,  that  any  convention  may  by  a  three-fourths 
vote  of  all  its  members  nominate  a  person  whose  name  did  not  appear 
upon  the  primary  ballot;  and  in  case  of  a  vacancy  by  death  or  other- 
wise, any  convention  may,  by  a  majority  vote  of  all  its  members, 
select  any  qualified  person  as  candidate  to  fill  all  such  vacancies: 
Provided,  that  in  case  of  a  vacancy  upon  the  ticket,  by  death,  decli- 
nation or  otherwise,  after  the  convention  has  adjourned,  said  vacancy 
shall  be  filled  by  the  State  central  committee  in  case  of  State  nomi- 
nations, and  by  the  county  central  committee  in  case  of  all  other 
nominations,  unless  the  respective  conventions  shall  otherwise  pro- 
vide for  the  filling  of  such  vacancies. 

§  81.  Section  21  of  an  "Act  to  provide  for  the  printing  and  distri- 
bution of  ballots  at  public  expense,  and  for  the  nomination  of  candi- 
dates for  public  offices,  to  regulate  the  manner  of  holding  elections 
and  to  enforce  the  secrecy  of  the  ballot,"  approved  June  22,  1891,  in 
force  July  1,  1891,  as  amended  by  an  act  approved  June  19,  1893,  in 
force  July  1,  1893,  is  hereby  made  applicable  to  primary  elections 
held  under  the  provisions  of  this  act. 

§  82.  The  voter  shall  forthwith  and  without  leaving  the  polling 
place  retire  alone  to  one  of  the  voting  booths  and  prepare  his  ballot 
unless  the  same  has  been  prepared  prior  to  entering  the  polling 
place  by  making  a  cross  UX"  in  the  square  in  front  of  and  opposite 
the  name  of  each  candidate  of  his  choice  for  each  office  to  be  filled. 

§  83.  The  candidate  of  any  party  for  the  nomination  for  Governor, 
whose  name  appears  on  the  primary  ballot  of  his  party  in  any  county, 
who  shall  have  received  the  highest  number  of  votes  cast  for  any 
candidate  for  such  office  by  his  party  in  any  primary  district  in  such 
county,  as  shown  by  the  certificate  of  returns,  shall  be  entitled  to 
receive  and  shall  have  cast  for  him  the  vote  of  all  the  delegates  from 
said  primary  district  in  the  nominating  convention,  and  such  fact 
shall  be  stated  in  the  credentials  issued  to  the  delegates  to  the  State 
convention  of  said  party  from  said  district. 

§  84.  The  candidate  of  any  party  for  the  nomination  of  any  congres- 
sional, senatorial,  aldermanic  or  mayoralty  office  whose  name  appears 
on  the  primary  ballot  of  his  party  in  any  district  who  shall  have  re 


122 

ceived  the  highest  number  of  votes  cast  for  any  candidate  for  such 
office  by  his  party  in  said  primary  district,  as  shown  by  the  certificate 
of  returns,  shall  be  entitled  to  receive  and  shall  have  cast  for  him  the 
votes  of  all  the  delegates  from  said  primary  district  in  the  nominat- 
ing convention,  and  such  fact  shall  be  stated  in  the  credentials  issued 
to  the  delegates  to  the  respective  conventions  of  said  party  from  said 
district.  And  a  congressional,  aldermanic  or  mayoralty  convention 
may  by  a  majority  vote,  nominate  a  candidate  whose  name  appeared 
on  the  primary  ballot  as  a  candidate  for  any  of  said  offices:  Pro- 
vided, however,  if  it  shall  be  ascertained  by  a  roll-call  that  no  candi- 
date shall  have  a  majority  of  the  delegates  in  such  convention,  and 
that  a  nomination  is  thereby  rendered  impossible,  then  the  primary 
district  shall,  by  a  majority  vote  of  its  delegates,  direct  in  its  discre- 
tion when  the  delegates  may  cease  to  vote  for  the  candidate  who  has 
received  the  highest  number  of  votes  cast  for  any  candidate  for  such 
office  in  any  such  primary  district. 

§  85.  At  such  primary  elections  the  manner  of  voting  shall 
be  by  ballot.  The  ballots  shall  be  of  uniform  size,  which  size 
shall  be  designated  at  least  twenty  days  before  the  primary  elec- 
tion by  the  officer  or  board  having  charge  of  the  election,  under 
the  general  election  law,  and  said  officer  or  board  shall,  within 
said  time,  also  designate  the  color  of  paper  for  the  respec- 
tive parties  for  said  primary  election,  a  different  color  to  be 
designated  for  each  party,  and  shall  furnish  to  persons  de- 
siring to  prepare  ballots,  paper  upon  which  said  ballots  shall  be 
printed,  and  said  paper  shall  so  be  furnished  at  the  price  which  it 
costs  said  officer  or  board.  The  ballots  shall  be  printed  or  written,  or 
partly  printed  or  partly  written,  upon  said  paper  so  provided  and  de- 
signated. No  primary  ballots  shall  be  furnished  or  printed  at  public 
expense.  The  primary  election  ballots  shall  be  arranged  and  printed 
substantially  in  the  manner  following,  to- wit:  At  the  top  of  the  bal- 
lot shall  be  printed,  in  large  capital  letters,  words  designating  the 
ballot.  If  a  republican  ballot,  the  designating  words  shall  be,  ''Re- 
publican Primary  Ballot."  If  a  democratic  ballot,  the  designating 
words  shall  be  ''Democratic  Primary  Ballot,"  and  in  like  manner  for 
each  political  party.  Immediately  under  such  discriminating  words 
shall  be  printed  [XX],  in  capital  letters,  words  describing  the  number 
of  the  primary  district,  the  number  of  the  ward  and  the  location  of 
the  polling  place.  Beginning  not  less  than  one  inch  blow  [below]  the 
designating  words,  the  name  of  each  office  to  be  filled  shall  be  printed 
in  capital  letters,  in  the  following  order,  to- wit:  Governor,  United 
States  Senator,  Representatives  in  Congress,  Senatorial  officers, 
mayor,  aldermen.  Below  the  name  of  each  office  shall  be  printed,  in 
smaller  capital  letters,  the  names  of  all  candidates  (alphabetically 
arranged  according  to  surnames)  for  the  nominations  of  said  office 
which  are  entitled  to  be  placed  upon  the  respective  primary  ballots. 
The  names  of  all  candidates  upon  the  primary  ballot  shall  be  printed 
in  type  of  uniform  size  and  style  and  the  names  shall  be  printed  in  a 
vertical  column.  Immediately  in  front  of  and  opposite  the  name  of 
each  candidate  shall  be  printed   a   square,  and   all   squares  upon  the 


123 

primary  ballot  shall  be  of  uniform  size.  Spaces  between  the  names 
of  candidates  for  each  office  shall  be  uniform,  and  sufficient  spaces 
shall  separate  the  names  of  candidates  for  one  office  from  the  names 
of  candidates  for  another  office  to  avoid  confusion.  The  name  of  each 
delegate  for  whom  the  voter  intends  to  vote  shall  appear  on  one  bal- 
lot, on  one  and  the  same  side  thereof,  in  plain  letters  together  with 
the  name  of  the  convention  to  which  such  delegates  are  to  be  elected. 
Immediately  preceding  the  list  of  delegates  to  any  convention  shall 
appear  the  name  of  the  candidate  or  candidates  for  direct  nomination, 
as  hereinbefore  provided,  or  for  whom  such  delegates  are  expected  to 
vote  in  such  convention.  Unless  ballots  substantially  comply  with 
this  act  in  size,  color  and  other  provisions  herein  provided  for,  the 
same  shall  be  void  for  all  purposes  and  shall  not  be  received  or  depos 
ited  or  counted  by  any  person  or  judge  at  any  such  primary  election. 
The  proper  officer  or  board  shall,  not  less  than  20  days  prior  to  a  pri- 
mary election  provide  and  issue  a  form  of  primary  ballot  as  a  guide 
for  use  in  printing  primary  ballots,  which  form  shall  be  followed  in 
the  preparation  of  all  primary  ballots,  and  all  ballots  not  in  accord- 
ance with  the  provisions  of  this  act,  but  which  by  any  mistake  may 
have  been  deposited  in  the  ballot  box,  shall  be  void,  and  shall  be 
marked  "defective"  on  the  back  thereof;  but  no  ballot  shall  be  defect- 
ive because  the  voter  depositing  the  same  has  named  upon  it  a  less 
number  of  delegates  than  such  voter  was  entitled  to  vote  for.  If  the 
voter  votes  for  more  persons  than  there  are  delegates  to  be  elected  to 
a  certain  convention,  or  if  for  any  reason  it  is  impossible  for  the 
judges  to  determine  the  voter's  choice,  such  ballot,  or  part  thereof, 
shall  not  be  counted.  Ballots  not  counted  shall  be  marked  "defect- 
ive" on  the  back  thereof,  and  ballots  to  which  objection  has  been 
made  by  either  of  the  judges  or  challengers  shall  be  marked  "objected 
to"  on  the  back  thereof,  and  a  memorandum,  signed  by  the  judges, 
stating  how  it  was  counted,  shall  be  written  upon  the  back  of  each 
ballot  so  marked,  and  all  ballots  marked  "defective"  or  "objected  to" 
shall  be  enclosed  in  an  envelope,  securely  sealed  and  so  marked  and 
endorsed  as  to  clearly  indicate  its  contents.  The  judges  shall  receive 
from  any  person  and  permit  to  be  freely  and  equally  exposed 
in  separate  and  orderly  piles,  within  the  polling  place,  near 
the  ballot-box  and  within  reach  of  voters,  a  sufficient  supply  of 
each  of  the  various  primary  tickets  or  ballots;  and  the  judges  shall 
hand  one  of  each  of  the  various  tickets  to  each  and  every  person 
qualified  to  vote;  and  whenever  the  supply  of  any  of  the  various 
tickets  becomes  insufficient,  the  judges  shall  immediately  mention 
the  fact  of  such  insufficiency  to  one  or  more  of  the  candidates  or 
persons  interested  in  said  ticket.  Any  judge  or  clerk,  or  any  other 
person,  who  shall  in  any  manner  conceal  or  remove  or  destroy  any 
such  supply  of  tickets,  or  who  shall  hinder  or  prevent  or  interfere 
with  the  free  and  equal  reception,  exposure,  distribution,  use  or 
supply  of  such  various  primary  tickets  or  ballots,  or  who  shall  do  any 
electioneering  within  1.00  feet  of  the  polling  place  shall,  upon  convic- 
tion thereof,  be  deemed  guilty  of  a  misdemeanor. 


124 

§  86.  The  polls  of  such  primary  election  shall  be  opened  at  12:00 
o'clock  noon,  and  continue  open  until  7 :00  o'clock  in  the  afternoon  of 
the  same  day,  at  which  time  the  polls  shall  be  closed;  if  any  judge  or 
clerk,  without  lawful  excuse,  shall  be  behind  time  for  fifteen  (15) 
minutes  after  the  time  for  opening  such  polls,  he  shall  be  guilty  of  a 
misdemeanor  under  this  act  and  punished  accordingly.  No  judge  or 
clerk  shall  absent  himself  to  exceed  five  (5)  minutes  at  any  time 
until  the  ballots  are  all  cast  and  counted  and  returns  made;  and,  when 
absent  for  any  cause  during  such  time,  said  judge  or  clerk  shall 
authorize  some  one  of  the  same  political  party  with  himself  to  act 
for  him  until  his  return.  If  any  judge  or  clerk  shall  not  be  present 
after  the  expiration  of  fifteen  (15)  minutes  from  the  time  to  open  the 
polls,  the  judge  or  judges  present  shall  fill  the  place  of  such  absent 
judge  or  clerk  and  one  of  the  judges  shall  administer  to  such  substitute 
the  oath,  as  required  of  the  judges  or  clerks  when  originally  appoint- 
ed, and  blank  forms  shall  be  provided  for  such  purpose,  which  oath 
shall  be  preserved  and  returned  by  the  judges  to  the  proper  officer  or 
the  board,  and  such  appointee  shall  be  subject  to  the  same  punish- 
ment and  penalties  as  any  other  judge  or  clerk.  Whenever  such  reg- 
ular judge  or  clerk  shall  be  present,  such  substitute  shall  cease  to  act. 
If  all  judges  or  clerks  fail  to  appear  at  the  proper  time  at  the  polling 
place,  or  in  case  no  primary  judges  or  clerks  have  been  appointed  as 
provided  in  this  act,  then  bystanding  voters  of  such  primary  district 
to  the  number  of  five  (5)  or  more  of  such  political  party  may  elect 
legal  voters  of  such  party  to  act  as  judges  or  clerks.  Such  judges  and 
clerks,  elected  as  last  aforesaid,  shall  have  full  power  to  conduct  such 
primary  election  in  accordance  with  this  act.  Any  judge  or  clerk 
who  shall  willfully  absent  himself  from  the  polls  on  such  primary 
election  day  without  good  cause  shall  be  guilty  of  a  misdemeanor 
under  this  act.  and  if  any  judge  or  clerk  shall  wilfully  detain  any 
registry  book  or  poll  book,  or  other  election  paraphernalia,  and  not 
cause  it  to  be  produced  at  the  polling  place  at  the  opening  of  the 
polls,  or  for  fifteen  (15)  minutes  thereafter,  he  shall  be  guilty  of  a 
misdemeanor  under  this  act.  If.  for  any  good  cause,  a  primary 
election  can  not  be  held  at  the  polling  place  designated  or  appointed 
as  aforesaid,  the  judges  at  such  polling  place  may  at  the  time  set  for 
opening  the  polls  of  such  primary  election,  adjourn  such  election  to 
the  most  convenient  polling  place,  near  by,  which  is  otherwise  suit- 
able according  to  this  act,  and  such  judges  shall  publicly  proclaim 
such  change  and  post  a  notice  of  such  change  on  the  polling  place 
originally  appointed. 

§  87.  Before  voting  begins  the  ballot  box  shall  be  empty;  and  it 
shall  be  opened  and  shown  to  those  present  to  be  empty;  and  it  shall 
not  be  removed  from  the  public  view  from  the  time  when  it  is  shown 
to  be  empty  until  after  the  close  of  the  polls.  It  shall  be  locked  and 
the  key  delivered  to  one  of  the  judges,  and  it  shall  not  again  be 
opened  until  the  close  of  the  polls.  The  judges  of  election  shall  each 
be  held  guilty  of  a  misdemeanor  under  this  act  if  such  ballot  box 
shall    not    by    them    be    kept    constantly    in    public   view   during 


125 

the  progress  of  the  election,  unless  is  shall  be  shown  by  any  'judge 
that  he  protested  against  any  obstruction  of  the  view  of  the  ballot 
box  and  was  overruled  by  the  majority  of  the  judges.  Voters  shall 
be  admitted  within  the  poling  place  and  there  shall  be  permitted  no 
handing  in  of  votes  through  windows,  doors  or  other  openings. 

§  88.  Each  of  the  clerks  of  election,  in  the  poll  books  kept  by 
him,  shall  enter  in  the  proper  column  the  name  of  each  person  whose 
vote  is  duly  received  for  deposit  in  the  ballot  box ;  and  in  the  column 
under  the  heading  ''Number"  he  shall  note  the  successive  number  of 
each  successive  voter;  and  in  the  column  headed  "Residence"  he  shall 
note  the  residence  of  each  such  voter.  Each  page  of  such  special 
book  shall  be  substantially  in  the  following  form: 

REPUBLICAN  (OR  DEMOCRATIC)  POLL  BOOK. 

Of  a  primary  election  held  in  the primary  district  of 

the ward,  of  the  city  of town  of 

county  of on  the day  of 

A.  D.  19.... 

This  is  to  certify  that  the  within  list  is  a  correct  list  of  (Republican 

or  Democratic)  voters  at  a  primary  election  held  on  the 

day  of A.  D.  19 ....  in  the primary  district  of 

the ward,  in  the  city  of town  of 

county  of and  State  of  Illinois. 

And  that  on  said  primary  election  day 19 ... .  the 

undersigned  judges  and  clerks  served,  and  are  entitled  to  pay  therefor. 


Judges  of  Election. 


Clerks  of  Election. 
Dated 19... 


Number  of  Votes. 

Name  of  Voter. 

Residence. 

1 

2                          

3 

4  . 

5 

6 

126 

Such  poll  books  shall  otherwise  be  of  the  form,  and  shall  contain 
the  same  certifications,  as  nearly  as  may  be,  as  the  poll  books  used  in 
the  regular  elections,  and  such  poll  books  shall  be  signed  and  attested 
in  the  same  manner  as  poll  books  for  the  purpose  of  regular  elections. 

§  89.  One  of  the  judges  of  such  election  shall  receive  the  ballot 
from  the  voter  and  shall  announce  the  residence  and  name  of  such 
voter  in  a  loud  voice;  such  ballot  shall  be  folded  by  the  voter  in 
such  a  manner  that  the  contents  thereof  cannot  be  seen  without 
unfolding  such  ballot.  If  the  judges  of  election  are  satisfied  that 
the  person  offering  to  vote  is  a  legal  voter,  whose  name  is  registered 
on  the  regular  election  registry  books,  except  as  herein  otherwise  pro- 
vided for  localities  where  there  is  no  board  of  election  commissioners, 
and  are  satisfed  that  he  is  a  member  of  the  political  party  holding 
such  primary  election  and  if  no  challenge  is  interposed,  the  judge 
receiving  such  ballot  shall  again  announce  to  the  clerks  of  election 
the  residence  and  name  of  the  person  offering  such  ballot,  and  such 
judge  shall  mark  with  pencil  or  ink  the  initials  of  his  own  name  on 
the  back  of  such  ballot  as  it  is  folded,  and  thereupon  such  judge, 
after  holding  up  and  showing  the  ballot  to  be  so  marked,  shall  immed- 
iately, in  the  presence  of  the  voter  offering  such  ballot,  and  keeping 
the  same  in  plain  view  of  the  judges  and  clerks  of  election  and  of 
such  voters  and  challengers  as  may  be  present,  deposit  into  the  slot 
of  the  ballot  box  the  ballot  thus  received  and  marked,  and  no  other; 
and  thereupon  the  clerks  of  election  shall  enter  upon  the  poll  books 
in  the  proper  column  the  name  and  proper  successive  number  of  each 
voter  and  his  residence.  The  judges  and  clerks,  and  each  of  them, 
shall  see  to  it  that  each  ballot  is  endorsed  as  aforesaid.  If  such  per- 
son shall  be  challenged  as  disqualified,  the  person  challenging  shall 
assign  his  reason  therefor,  and  thereupon  one  of  said  judge  shall 
administer  to  the  person  offering  to  vote  an  oath  to  answer  all  ques- 
tions truthfully,  and  if  he  shall  take  such  oath  he  shall  then  be  ques- 
tioned by  said  judge  or  judges  touching  such  cause  of  challenge  and 
touching  any  other  cause  of  disqualification,  and  he  may  also  be 
questioned  by  the  person  challenging  him  in  regard  to  his  qualifica- 
tions and  identity;  but  if  a  majority  of  the  judges  are  of  the  opinion 
that  he  is  the  person  so  registered  and  a  voter  qualified  to  vote  at 
such  party  primary  election,  his  vote  shall  then  be  received  and  de- 
posited. But  if  the  vote  of  a  person  apparently  registered  be  reject- 
ed by  such  judges,  such  person  may  afterwards  produce  and  deliver 
an  affidavit  to  such  judges,  subscribed  and  sworn  to  by  him  before 
one  of  said  judges,  in  which  it  shall  be  stated  how  long  he  has  resided 
in  any  precinct  within  such  primary  district  and  in  the  county  and 
State;  that  he  is  a  male  citizen  of  the  United  States  and  is  a  mem- 
ber of  the  political  party  holding  such  election,  and  is  a  duly  qual- 
ified voter  at  such  primary  election  in  such  district  and  that  he  is 
the  identical  person  so  registered  or  so  named.  But  the  affidavit 
aforesaid  shall  be  supported  by  an  affidavit  by  at  [least]  two  registered 
voters,  who  are  householders  residing  in  such  primary  district,  stating 
their  own  residence  and  that  they  know  such  person  to  be  a  member  of 


127 

the  political  party  holding  such  primary  election,  and  that  such  person 
does  reside  at  the  place  mentioned,  and  has  resided  in  such  primal*}7 
district  and  in  such  election  precinct,  county  and  State  for  the  length 
of  time  as  stated  by  such  person,  which  affidavit  shall  also  be  sub- 
scribed and  sworn  to  as  the  affidavit  last  aforesaid.  Whereupon  the 
vote  of  such  person  shall  be  received  and  entered  as  other  votes. 
But  the  clerks  having  charge  of  such  poll  books  shall  state  in  their 
respective  poll  books  the  facts  in  such  case  and  the  name  of  the  per- 
son challenging;  and  the  affidavits  so  delivered  to  said  judges  shall 
be  preserved  and  returned  to  the  officer  entitled  to  receive  them. 
Any  registered  voter  of  the  party  in  the  district  may  challenge. 
Blank  affidavits  of  the  character  aforesaid  shall  be  sent  out  to  judge 
[judges]  of  all  the  districts  and  the  judges  of  election  shall  furnish 
the  same  on  demand  and  administer  the  oath  without  criticism. 
Such  oaths,  if  administered  by  any  other  officer  than  a  judge  of  elec- 
tion, shall  not  be  received:  Provided,  That  no  judge,  challenger  or 
other  person  shall  in  bad  faith,  or  for  purpose  of  delay,  challenge  or 
question  registered  votes  [voters]  of  the  district. 

§  90.  The  judges  of  election  shall  permit  each  different  ticket  of 
delegates  to  be  represented  by  a  challenger  chosen  by  a  majority  of 
those  named  for  delegates  on  any  particular  ticket.  Said  challengers 
shall  be  protected  in  the  discharge  of  their  duty  by  the  judges  of  elec 
tion  and  the  police.  Said  challengers  shall  be  permitted  to  remain 
within  the  polling  place  in  such  a  position  as  will  enable  them  to  see 
each  person  as  he  offers  his  vote  and  said  challengers  may  remain 
within  the  polling  place  throughout  the  canvass  of  the  vote  and  until 
the  returns  are  signed.  The  challeugers  shall  be  permitted  to  re- 
main so  near  that  they  can  see  the  judges  and  clerks  are  faithfully 
performing  their  duties. 

§  91.  The  judges  of  election  shall  admit  one  or  more  policemen  to 
be  present  in  said  polling  place  at  the  time  of  such  canvass.  None 
but  the  officers  of  such  primary  election,  challengers  and  peace  officers 
shall  occupy  such  polling  place  except  for  the  purpose  of  voting. 

§  92.  The  judges  of  election  shall  have  the  power  to  administer 
and  certify  oaths  required  during  the  progress  of  any  primary  elec- 
tion held  under  this  act,  and  they  shall  have  authority  to  keep  the 
peace,  and  to  cause  any  person  to  be  arrested  for  any  breach  of  the 
peace  or  for  any  breach  of  election  laws,  or  any  interference  with  the 
progress  of  such  election  or  of  the  canvass  of  the  ballots,  and  it  shall 
be  the  duty  of  all  officers  of  the  law  present  to  obey  the  orders  of  such 
judges  of  election,  and  an  officer  making  an  arrest  by  the  order  of 
any  judge  for  any  violation  of  the  provisions  of  this  act  shall  be  pro- 
tected in  making  such  arrest,  the  same  as  if  the  warrant  had  been  is- 
sued to  him  to  make  such  arrest. 

§  93.  Immediately  upon  the  closing  of  the  polls  the  judges  and 
clerks  shall  proceed  to  canvass  the  votes  polled.  If  two  or  more  bal- 
lots are  found  folded  together  and  within  each  other,  so  as  to  appear 
to  have  been  cast  by  the  same  person  as  one  ballot,  and  the  inner  bal- 


128 

lot  or  ballots  are  without  the  proper  initial  mark,  as  provided  in  this 
act,  then  all  such  ballots  so  folded  together,  including  the  outer  one, 
whether  such  outer  one  is  properly  marked  on  the  back  thereof  as 
provided  in  this  act  or  not,  shall,  as  nearly  as  may  be,  in  the  same 
condition  as  found,  be  marked  "stuffed,"  and  such  ballots  shall  be 
void  and  shall  not  be  counted,  and  the  same  shall  be  placed  in  an  en- 
velope marked  "stuffed  ballots,"  which  envelope  shall  be  sealed  and 
preserved,  together  with  the  other  ballots.  If  the  ballots  remaining 
shall  be  found  to  exceed  the  number  of  names  entered  on  the  poll 
lists,  such  judges  and  clerks  shall  reject  the  ballots,  if  any  be  found 
upon  which  the  proper  initial  marks  do  not  appear.  If  the  number 
of  ballots  still  exceed  the  number  of  names  entered  on  such  poll  list, 
the  ballots  remaining  shall  be  replaced  in  the  ballot  box  and  the  box 
closed  and  well  shaken,  and  again  opened,  and  one  of  the  judges  shall 
publicly  draw  out  and  destroy  so  many  ballots  unopened  as  shall  be 
equal  to  such  excess,  keeping  a  note  of  the  number  of  such  ballots 
and  noting  the  same  on  the  statement  of  returns.  Such  judges  and 
clerks  shall  then  proceed  to  count,  declare  and  record  the  votes  in  the 
following  manner:  The  judges  shall  open  all  the  ballots  and  place  in 
separate  piles  those  which  contain  the  same  names  throughout.  Each 
of  the  judges  shall  examine  such  separate  piles  and  exclude  from  such 
piles  any  ballots  which  do  not  contain  all  the  same  names  for  all  the 
same  conventions.  One  of  said  judges  shall  then  take  one  pile  of  the 
ballots  which  contain  the  same  names  and  count  them  carefully,  ex- 
amine each  name  and  convention  on  each  of  such  ballots.  Such  judge 
shall  then  pass  the  ballots  aforesaid  to  the  judge  sitting  next  to 
him,  who  shall  count  them  in  the  same  manner,  and  he  shall 
then  pass  them  to  the  third  judge,  who  shall  also  count  them 
in  the  same  manner.  The  third  judge  shall  then  call  the 
names  of  the  persons  named  in  such  ballots  and  the  con- 
ventions for  which  they  are  designated,  together  with  the  number  of 
votes  for  each  so  far  as  counted,  and  the  poll  clerks  shall  tally  the 
number  of  votes  for  each  of  such  persons  on  tally  sheets.  When 
such  judges  have  counted  through  such  first  pile  of  ballots  containing 
the  same  names,  and  when  the  poll  clerks  shall  have  tallied  the  votes 
for  each  of  the  delegates  named  in  such  ballots,  they  shall  then  take 
up  the  next  pile  of  ballots  containing  the  same  names  and 
shall  count  them  in  the  same  manner  as  last  aforesaid.  When 
the  counting  of  each  pile  of  ballots  which  contain  the  same 
names  shall  be  completed,  the  poll  clerks  shall  compare  their 
tallies  together  and  ascertain  the  total  number  of  ballots  of 
that  kind  so  canvassed,  and  when  they  agree  upon  the  number,  one 
of  them  shall  announce  it  in  a  loud  voice  to  the  judges.  The  judges 
shall  then  canvass  the  other  kind  of  ballots,  which,  in  names  or  con- 
ventions, do  not  correspond  with  one  another.  They  shall  be  can- 
vassed separately  by  one  of  the  judges,  sitting  between  two  other 
judges,  which  one  judge  shall  read  to  the  clerks  from  each  such  bal- 
lots each  name  and  the  convention  for  which  such  name  is  designated, 
and  the  other  judges  looking  at  the  ballot  at  the  same  time,  and  the 


129 

poll  clerks  tallying  the  same.  When  all  these  ballots  have  been  can- 
vassed in  this  manner,  the  clerks  shall  compare  their  tallies  together 
and  ascertain  the  total  number  of  votes  received  by  each  person,  and 
when  they  agree  upon  the  number,  one  of  them  shall  announce  in  a 
loud  voice  to  the  judges  the  number  of  votes  received  by  each  person. 
§  94.  Such  canvass  shall  not  be  adjourned  or  postponed  until  the 
several  statements  hereinafter  required  to  be  made  by  the  judges  and 
clerks  have  been  made  and  signed  by  then.  Upon  the  completion  of 
such  canvass  the  judges  of  election  shall  declare  the  result  thereof, 
and  such  declaration  shall  be  prima  facie  evidence  of  the  result.  The 
judges  of  election  shall  make  three  statements  of  all  the  votes  cast  at 
such  primary  election.  Such  statement  shall  be  substantially  in  the 
following  form : 

REPUBLICAN  (OR  DEMOCRATIC). 

STATEMENT  OF  VOTES. 

State  of  Illinois,     ) 

>  ss. 

County  of ) 

At  a  primary  election  held  on  the day A.  D.  19 . . 

between  the  hours  of  12  o'clock  noon  and  7  o'clock  p.  m.,  at 

in  the primary  district  of  the ward,  of  the 

town  of of  the  city  of county  of 

and  State  of  Illinois,  the  following  named  persons  received  the  num- 
ber of  votes  annexed  to  the  (their)  respective  names  for  the  following 
described  conventions,  to- wit: 


received . . 

received . . 

received . . 

. .  . .  votes  for  city  convention 
.  .  .votes  for  city  convention 
.  . .  votes  for  city  convention 

received . . . 

received . . . 

received . . . 

.  . .  votes  for  town  convention 
.  . .  votes  for  town  convention 
.  . .  votes  for  town  convention 

received . . . 

received . . . 

received . . . 

.  . .  votes  for  ward  convention 
.  . .  votes  for  ward  convention 
.  . .  votes  for  ward  convention 

This  is  to  certify  that  the  foregoing  statement,  showing  the  total 
number  of  votes  for  each  of  the  above-mentioned  persons  for  the  con- 
ventions annexed  to  their  respective  names,  is  correct  in  every  re- 
spect. 


■DEL 


130 
Given  under  our  hands  this day  of A.  D 


Judges  of  Election. 
(Witnessed  by) 


Clerks  of  Election. 

Such  statements  shall  show  the  whole  number  of  votes  given  for 
each  person,  and  the  convention  for  which  he  is  designated,  and  such 
judges  shall  certify  that  such  statements  are  correct  in  every  respect, 
and  the  clerks  of  election  shall  witness  the  same.  Each  such  state- 
ment and  each  sheet  of  paper  forming  a  part  of  such  statement  shall 
be  subscribed  by  the  judges  and  election  clerks.  If  any  judge  or 
clerk  shall  decline  to  sign  such  statement,  he  shall  state  his  reasons 
therefor  in  writing,  and  a  copy  thereof,  signed  by  himself,  shall  be 
enclosed  with  each  statement.  Cme  statement,  as  aforesaid,  of  the 
votes  cast  shall,  after  being  made  out  as  aforesaid,  be  attached  to  the 
poll  book;  another  statement  as  last  f  foresaid  shall  be  enclosed  in  an 
envelope,  properly  endorsed  and  marked  by  such  judges,  and  the  same 
shall,  by  one  of  such  judges,  be  addressed  and  carried  to  the  office  of 
the  chairman  of  the  central  committee  or  managing  committee  of 
such  political  party,  who  filed  the  call  or  application  for  primaries,  and 
the  receipt  of  such  chairman  shall  be  taken  therefor:  Another  state- 
ment shall  be  enclosed  in  an  envelope,  which  shall  then  be  securely 
sealed,  and  each  of  the  judges  shall  write  his  name  across  every  fold 
at  which  the  envelope,  if  unfastened,  could  be  opened.  On  the  out- 
side of  such  envelope  shall  appear  substantially  the  following  words : 

"Statement  of  all  Republican  (or  Democratic)  votes  cast  at   the 

primary  district  of  the .  ward  of  the  town  of 

county  of on  the day  of 

A.  D.  19...." 

The  envelope  last  aforesaid  shall  be  addressed  to  the  person,  officer, 
board  or  board  of  election  commissioners,  by  the  general  election  law 
charged  with  the  duty  of  receiving  and  preserving  election  returns, 
and  one  of  the  judges  shall  carry  the  same  to  such  person,  officer  or 
board,  as  the  case  may  be,  and  take  a  receipt  for  the  same. 

§  95.  The  judges  of  election  of  each  primary  district  shall  issue  a 
certificate  of  election  to  each  person  who  has  received  a  plurality  of 
all  the  votes  cast  for  delegates  to  any  particular  convention  from  such 
primary  district  and  they  shall  deliver  the  same  to  the  person  en^ 
titled  thereto.  In  case  two  or  more  persons  each  receive  the  same 
and  the  highest  number  of  votes  cast  for  delegates  to  the  convention, 
then  the  judges  of  election  shall  then  and  there  decide  by  lot  which 
person  or  persons  shall  be  entitled  to  such  certificate,  and  they  shall 
issue  to  each  such  person  so  chosen  such  certificate,  and  make  a  note 
of  such  facts  upon  the  statements  provided  for  in  this  act.  Such  cer- 
tificate of  election  shall  be  evidence  prima  facie  of  the  right  of  the 


131 

person  therein  named  to  a  seat  in  the  convention  therein  named. 
The  conventions  shall  be  held  at  the  times  as  hereinafter  provided,  as 
follows,  to-wit:  The  county  convention  and  the  sanitary  district  con- 
vention, and  whenever  there  are  city  officers  to  be  elected  at  the  fall 
election,  said  city  convention  shall  be  held  on  the  Monday  immediately 
following  said  primary  election  day.  The  Senatorial  convention  shall 
be  held  on  the  Tuesday  immediately  following  said  primary  election 
day.  The  Congressional  convention  shall  be  held  on  the  Wednesday 
immediately  following  said  primary  election  day.  The  city  conven- 
tion shall  be  held  on  the  Monday  immediately  following  said  pri- 
mary election  day.  The  ward  and  town  conventions  on  the  Tuesday 
immediately  following  said  primary  election  day. 

§  96.  When  a  vacancy  shall  occur  in  any  elective  office,  and  a 
special  election  shall  become  necessary  to  fill  the  same,  the  manag- 
ing committee  of  the  several  political  parties  for  the  territorial  area 
in  which  said  vacancy  occurs,  shall  nominate  the  candidate  or  candi- 
dates for  the  respective  parties. 

§  97.  Any  person  who  shall  wilfully,  corruptly  and  falsely  swear 
or  affirm  in  taking  any  oath  or  affirmation  prescribed  by  or  upon  any 
examination  provided  for  in  this  act,  and  every  person  who  shall 
wilfully  and  corruptly  instigate,  advise,  induce  or  procure  any  person 
to  swear  or  affirm  falsely  [as]  aforesaid,  or  attempt  or  offer  so  to  do, 
shall  be  guilty  of  perjury,  or  subornation  of  perjury,  as  the  case 
may  be,  and  shall,  upon  conviction  thereof,  suffer  the  punishment 
directed  by  law  in  cases  of  wilful  and  corrupt  perjury. 

§  98.  If  any  judge  or  clerk  shall  neglect  or  refuse  to  canvass  the 
votes  at  the  time  and  in  the  manner  provided  for  in  this  act,  or  refuse 
to  make  the  returns  required  in  this  act,  he  shall,  upon  conviction 
thereof,  be  adjudged  guilty  of  a  misdemeanor  under  this  act. 

§  99.  Every  judge  of  election,  clerk  or  other  officer  or  person 
authorized  to  take  part  in  or  perform  any  duty  in  relation  to  any  can- 
vass or  official  statement  of  the  votes  cast  at  such  election  in  any  dis- 
trict, who  shall  wilfully  make  any  false  canvass  of  such  votes,  or  who 
shall  make,  enter,  write,  sign,  publish  or  deliver  any  false  return  of 
such  election,  or  any  false  statement  of  the  result  of  such  election,  or 
any  material  writing  incidental  to  such  election,  knowing  the  same  to 
be  false,  shall,  on  conviction  thereof,  be  adjudged  guilty  of  a  felony 
under  this  act. 

§  100.  If  any  person  acting  as  a  judge  at  such  primary  election 
shall  wilfully,  fraudulently  and  without  lawful  excuse  refuse  to  make 
out,  sign  or  deliver  to  the  person  entitled  thereto  any  certificate  of 
election  as  delegate  or  alternate  delegate,  provided  for  in  this  act.  or 
shall  wilfully  and  fraudulently  make  out,  sign  and  issue  such  certifi- 
cate of  election  to  any  person  not  entitled  thereto,  or  shall  issue  such 
certificate  of  election  to  any  person  at  any  time  in  advance  of  the 
official  count  of  the  votes  at  such  polling  place,  or  shall  commit 
any  other  wilful  or  fraudulent  act  with  reference  to  such  certificate, 
such  person  shall,  upon  conviction  thereof,  be  adjudged  guilty  of  a 
felony  under  this  act. 


132 

§  101.  If  any  judge  of  a  primary  election  shall,  without  urgent 
necessity,  absent  himself  from  the  polling  place  during  election, 
whereby  less  than  a  majority  of  all  the  judges  of  such  election  dis- 
trict shall  be  present  during  such  hours  of  election  or  canvass  of 
ballots;  or  if  at  any  election  any  judge  of  election  or  clerk,  shall, 
knowingly  and  wilfully,  receive  any  vote,  or  proceed  with  the  can- 
vass of  ballots,  or  shall  consent  thereto,  unless  a  majority  of  the 
judges  of  election  are  present  and  concur,  such  judge  or  clerk  shall 
be  guilty  of  a  misdemeanor  under  this  act. 

§  102.  Any  judge  of  election  who  shall  wilfully  exclude  any  vote 
duly  tendered  and  unchallenged,  knowing  that  the  person  offering  the 
same  is  lawfully  entitled  to  vote  at  such  election,  or  who  shall  wil- 
fully receive  a  vote  from  any  person  who  has  been  duly  challenged  in 
relation  to  his  right  to  vote  at  such  election,  without  exacting  from 
such  person  such  oath  or  other  proof  of  qualifications  as  may  be  re- 
quired by  law,  shall,  upon  conviction  thereof,  be  adjudged  guilty  of  a 
misdemeanor  under  this  act. 

§  103.  If  any  judge  of  election  shall  knowingly  and  wilfully  cause 
or  permit  any  ballot  or  ballots,  or  semblance  thereof,  to  be  in  the 
ballot  box  at  the  opening  of  the  polls  and  before  voting  begins,  or 
shall  knowingly,  wilfully  and  fraudulently  put,  or  permit  to  be  put, 
any  ballot  or  other  paper  having  the  semblance  thereof,  into  any  such 
box  at  any  such  election;  or  if  any  person  other  than  a  judge  of  elec- 
tion, shall  at  any  such  election  wilfully  and  fraudulently  put,  or 
cause  to  be  put,  any  ballot  or  ballots,  or  other  paper  having  the  sem- 
blance thereof,  into  any  box  used  at  such  election  for  the  reception  of 
votes;  or  if  any  person  shall  at  such  election  fraudulently  change  or 
alter  the  ballot  of  any  elector  or  substitute  one  ballot  for  another;  or 
if  any  such  judge  of  election  or  other  officer  or  person  shall  fraudu- 
lently, during  the  canvass  of  ballots,  in  any  manner  change,  substi- 
tute or  alter  any  ballot  taken  from  the  ballot  box  then  being  can- 
vassed, or  from  any  ballot  box  which  has  not  been  canvassed;  every 
such  judge  or  person  shall,  upon  conviction  thereof,  be  adjudged 
guilty  of  a  felony  under  this  act. 

§  104.  If  any  judge  of  election,  clerk  or  other  officer  of  election, 
of  whom  any  duty  is  required  in  this  act  or  by  the  general  laws  of 
this  State,  for  the  omission  of  which  duty  no  punishment  is  provided, 
shall  be  guilty  of  any  wilful  neglect  of  such  duty  or  of  any  corrupt 
or  fraudulent  conduct  or  practice  in  the  execution  of  the  same,  he 
shall,  upon  conviction  thereof,  be  adjudged  guilty  of  a  misdemeanor 
under  this  act. 

§  105.  Any  person  or  member  of  a  board,  or  any  judge  of  election, 
clerk  or  other  officer,  who  is  guilty  of  stealing,  wilfully  and  wrong- 
fully breaking,  destroying,  mutilating,  defacing,  falsifying  or  unlaw- 
fully removing  or  secreting  or  detaining  the  whole  or  any  part  of  any 
ballot  box  or  receptacle  for  ballots,  or  any  record,  registry  of  voters,  or 
copy  thereof,  oath,  return  or  statement  of  votes,  certificate,  poll  list, 
or  of  any  paper  or  document  provided  for  in  this  act; 


133 

Or  who  shall  fraudulently  make  any  entry,  erasure,  or  alteration 
therein,  except  as  allowed  and  directed  by  the  provisions  of  this  act, 
or  who  permits  any  other  person  so  to  do,  shall,  uxjon  conviction 
thereof,  be  adjudged  guilty  of  a  felony  under  this  act. 

Every  person  who  advises,  procures  or  abets  the  commission  of  any 
of  the  acts  mentioned  in  the  last  preceding  two  paragraphs,  shall,  upon 
conviction  thereof,  be  adjudged  guilty  of  a  felony  under  this  act. 

§  106.  If  any  person  knowingly  or  wilfully  shall  obstruct,  hinder 
or  assault,  or  by  bribery,  solicitation  or  otherwise  interfere  with  any 
judge  of  election,  clerk  or  challenger,  in  the  performance  of  any  duty 
required  of  him  or  which  he  may  be  by  law  authorized  or  permitted 
to  perform; 

Or  if  any  person,  by  any  of  the  means  before  mentioned  or  other- 
wise unlawfully  shall,  on  the  day  of  election,  hinder  or  prevent  any 
judge  of  primary  election,  clerk  or  challenger,  in  his  free  attendance 
and  presence  at  the  place  of  election  in  the  primary  election  district 
in  and  for  which  he  is  appointed  or  designed  [designated]  to  serve; 

Or  in  his  full  and  free  accesss  and  egress  to  and  from  any  such  place 
of  election; 

Or  shall  molest,  interfere  with,  remove  or  eject  from  any  such  place 
of  election  any  such  judge  of  election,  clerk  or  challenger,  except  as 
otherwise  provided  in  this  act,  or  shall  unlawfully  threaten,  or  attempt 
or  offer  so  to  do; 

Every  such  person  shall  be  deemed  guilty  of  a  misdemeanor  under 
this  act. 

§  107.  If  any  person  shall  wilfully  disobey  any  lawful  command 
of  any  judge  of  election,  given  in  the  execution  of  his  duty  as  such, 
at  any  such  primary  election,  he  shall,  upon  conviction  thereof,  be 
adjudged  guilty  of  a  misdemeanor  under  this  act. 

§  108.  If,  on  any  day  of  primary  election,  or  during  the  canvass 
of  the  votes  cast  thereat,  any  person  shall  cause  any  breach  of  the 
peace  or  be  guilty  of  any  disorderly  violence,  or  threats  of  violence 
whereby  any  such  election  or  canvass  shall  be  impeded  or  hindered, 
or  whereby  the  lawful  proceedings  of  any  judge  of  election  or  clerk, 
or  other  officer  of  such  election  or  challenger,  are  interfered  with,  or 
causes  intoxicating  liquors  to  be  brought  or  sent  to  the  polling  place, 
every  such  person  shall,  upon  conviction  thereof,  be  guilty  of  a  mis- 
demeanor under  this  act. 

§  109.  Any  person  who  votes  with  a  certain  party  at  such  pri- 
mary election,  when  he  knows  he  is  not  qualified  so  to  vote  under  the 
provisions  of  this  act,  shall  upon  conviction  thereof,  be  deemed  guilty 
of  a  misdemeanor  under  this  act. 

§  110.  If  any  person  who  shall  have  been  convicted  of  bribery, 
felony  or  other  infamous  crime  under  the  laws  of  any  state,  and  who 
has  never  received  a  pardon  for  such  offense  from  the  officer  or  board 
entitled  to  grant  such  pardon,  shall  thereafter  vote,  or  offer  to  vote,  at 


134 

any  primary  election  in  such  city,  village  or  incorporated  town,  he 
shall,  upon  conviction  thereof,  be  adjudged  guilty  of  a  misdemeanor 
under  this  act. 

§  111.  If  any  person,  knowing  that  he  is  not  qualified  to  vote  at 
such  primary  election,  takes  a  place  in  any  line  of  voters  waiting  to 
vote  at  any  election,  or  if  any  person,  after  having  voted  at  such  elec- 
tion, takes  a  place  in  such  waiting  line,  or  if  any  person  repeatedly 
takes  a  place  in  such  waiting  line  without  voting  when  the  opportu- 
nity comes,  and  who  systematically  gives  up  his  place  in  such  waiting 
line,  such  person  shall,  upon  conviction  thereof,  be  adjudged  guilty 
of  a  misdemeanor  under  this  act. 

§  112.  If  at  any  such  election,  any  person  shall  falsely  personate  any 
elector  legally  qualified  to  vote  at  such  primary  election,  and  vote,  or 
attempt  or  offer  to  vote,  in  or  upon  the  name  of  such  elector  or  other 
person,  living  or  dead;  or  shall  knowingly,  wilfully  or  fraudulently 
vote,  or  attempt  or  offer  to  vote  more  than  once,  or  vote  in  more  than 
one  primary  district ;  or  shall  by  force,  threat,  menace,  intimidation, 
bribery  or  reward,  or  oifer  or  promise  thereof,  or  otherwise  unlaw- 
fully, either  directly  or  indirectly,  influence  or  attempt  to  influence 
any  elector  in  giving  his  vote; 

Or  shall  unlawfully  prevent  or  hinder,  or  unlawfully  attempt  to 
prevent  or  hinder,  any  qualified  voter  from  freely  exercising  the 
right  of  suffrage; 

Or  shall,  by  any  such  unlawful  means,  compel  or  induce,  or  at- 
tempt to  compel  or  induce,  any  judge  of  election  or  other  officer  to 
receive  the  vote  of  any  person  not  legally  qualified  or  entitled  to  vote 
at  the  said  election ; 

Or  by  any  such  means,  or  other  unlawful  means,  wilfully,  know- 
ingly or  fraudulently  counsel,  advise,  induce,  or  attempt  to  induce, 
any  judge  of  election  or  other  officer  of  election,  whose  duty  it  is  to 
ascertain,  proclaim,  announce  or  declare  the  result  of  any  such  elec- 
tion, to  give  or  make  any  false  certificate,  document,  report,  return  or 
other  false  evidence  in  relation  thereto,  or  to  refuse  to  comply  with 
his  duty,  as  specially  provided  for  in  this  act,  or  to  refuse  to  receive 
the  vote  of  any  person  entitled  to  vote  therein; 

Or  shall  aid,  counsel,  advise,  procure  or  assist  any  legally  qualified 
voter,  person  or  judge  of  election,  or  other  officer  of  election,  to  do 
any  act  by  law  forbidden,  or  in  this  act  constituted  an  offense; 

Every  such  person  shall,  upon  conviction  thereof,  be  adjudged 
guilty  of  a  misdemeanor  under  this  act. 

§  113.  If  any  person  shall,  at  any  such  election,  fraudulently  fur- 
nish any  elector  with  a  ballot  containing  more  than  the  proper  num- 
ber of  names; 

Or  shall  intentionally  practice  any  fraud  upon  any  elector  to  induce 
him  to  deposit  a  ballot  as  his  vote,  and  to  have  the  same  thrown  out 
and  not  counted,  or  to  have  the  same  counted  for  a  person  or  candi- 
date other  than  the  person  or  candidate  for  whom  such  elector  in- 
tended to  vote;  or  otherwise  defraud  him  of  his  vote;  or  if  any 
person  shall  order  or  cause  to  be  printed  a  bogus  or  partly  bogus  pri- 
mary ticket,  or  a  primary  ticket  of  delegates  or  alternates  without  first 


185 

having  secured  the  consent  of  each  person  named  on  such  ticket  to 
stand  as  delegate  or  alternate  delegate  for  a  specified  convention  on 
that  particular  ticket  of  names;  or  if  any  person  causes  to  be  brought 
or  sent  to  the  vicinity  of  a  polling  place  such  unauthorized  tickets  in 
order  that  they  may  be  distributed; 

Every  such  person  shall,  upon  conviction  thereof,  be  adjudged  guilty 
of  a  misdemeanor  under  this  act. 

§  114.  Any  person  who  shall  make,  seek  or  obtain  for  himself  or 
another  a  false  certificate  of  election  as  delegate  or  alternate  delegate 
to  any  convention,  knowing  that  he  or  such  other  person  is  not  enti- 
tled thereto,  and  any  person  who  shall  use,  or  attempt  to  use,  such 
certificates  of  election,  knowing  the  same  to  be  false  or  fraudulent,  or 
to  have  been  issued  for  another  person;  and  any  person  who  shall 
fraudulently,  knowingly  and  [and]  without  right,  act  as  a  delegate  or 
alternate  delegate  to  any  such  convention  shall,  upon  conviction 
thereof,  be  adjudged  guilty  of  a  felony  under  this  act. 

§  115.  If  any  person  shall  commit  any  act  prohibited  herein,  or 
refrain  from  doing  any  act  or  duty  required  to  be  done  herein,  and  if 
any  person  shall  in  any  manner  be  guilty  of  a  violation  of  this  act 
whether  the  same  is  denominated  an  offense  or  not,  and  for  which  no 
punishment  is  herein  specially  provided,  such  person  shall,  upon  con- 
viction thereof,  be  adjudged  guilty  of  a  misdemeanor  under  this  act. 

§  116.  Any  person  adjudged  guilty  of  an  offense  denominated  a 
misdemeanor  under  this  act  shall  be  fined  not  less  than  twenty-five 
dollars  ($25)  nor  more  than  one  thousand  dollars  ($1,000),  or  shall  be 
imprisoned  in  the  county  jail  not  less  than  one  month  nor  more 
than  two  years,  or  any  such  person  may  be  punished  by  both  such 
fine  and  imprisonment. 

Any  person  adjudged  guilty  of  an  offense  denominated  a  felony  in 
this  act  shall  be  punished  by  imprisonment  in  the  penitentiary  for 
not  less  than  one  year  nor  more  than  five  years. 

§  117.  The  word  "householder,"  as  used  in  this  act,  shall  mean 
the  chief  or  head  of  a  family,  who  resides  with  a  family  as  a  family, 
and  who  supports  and  provides  for  such  family  as  an  independent 
family. 

§  118.  In  all  prosecutions  and  in  all  contests  under  this  act  it 
shall  be  the  lawful  duty  of  the  clerk  of  the  county,  or  of  the  board  of 
election  commissioners,  or  other  officers  having  the  custody  thereof, 
to  produce,  open,  exhibit  and  offer  in  evidence  any  notice,  ballot  book, 
registry  book,  bundle  of  ballots,  returns,  statements,  or  other  docu- 
ments or  papers  relating  to  the  particular  prosecution  or  contest  for 
the  purpose  of  enabling  a  full  investigation. 

§  119.  Irregularities  or  defects  in  the  mode  of  calling,  noticing, 
convening,  holding  or  conducting  any  primary  election  authorized  by 
law  shall  constitute  no  defense  to  a  prosecution  for  a  violation  of  this 
act.  When  an  offense  shall  be  committed  in  relation  to  any  primary 
election  an  indictment  for  such  offense  shall  be  sufficient,  if  it  allege 
that  such  election  was  authorized  by  law,  without  stating  the  call  or 
notice  of  election  aforesaid,  the  names  of  the  judges  or  clerks  holding 


136 

such  election,  or  the  names  of  the  persons  voted  for  at  such  election. 
Judicial  notice  shall  be  taken  of  this  act  in  any  county,  city,  village 
or  incorporated  town  to  which  this  act  shall  apply  and  of  the  holding 
of  any  election  thereunder  on  any  primary  election  day. 

The  provisions  of  this  act  shall  not  apply  to  the  holding  of  the 
primaries  for  the  nomination  of  candidates  to  be  elected  at  any  of  the 
elections  to  be  held  in  the  year  1905.  Such  primaries  may  be  held 
under  the  present  primary  law  or  such  nominations  may  be  made  by 
the  central  or  managing  committees  of  the  respective  political 
parties. 

§  120.  All  laws  or  parts  of  laws  in  conflict  herewith  are  hereby 
repealed. 

Approved  May  18,  1905. 


APPENDIX 


139 


OPINIONS  CONSTEUING  THE  PRIMARY  ELECTION  LAW 

OF  1905. 


November  13,  1905. 
Hon.  Frank  L.  Hatch,  State's  Attorney,  Springfield,  Illinois, 

Dear  Sir — I  have  your  favor  of  recent  date  in  which  you  state  that  at  a 
meeting-  of  a  committee  of  the  county  clerks  of  the  State  of  Illinois,  held 
recently  in  the  city  of  Spring-field,  the  Primary  Election  Law  was  discussed. 
It  was  deemed  advisable  by  said  committee  of  county  clerks  that  the  law 
receive  a  uniform  construction  in  the  various  counties  throughout  the  State. 
In  order  to  secure  such  uniformity  of  practice,  it  was  suggested  that  the 
Attorney  General  be  called  upon  for  an  opinion  on  the  various  questions  aris- 
ing in  the  practical  administration  of  the  Primary  Law.  You  submit,  there- 
fore, a  list  of  thirty  questions  and  request  my  opinion  thereon. 

Before  proceeding  to  answer  the  questions  suggested  in  your  letter,  it  might 
not  be  out  of  place  to  state,  in  brief,  the  general  rules  of  statutory  construc- 
tion. The  fundamental  and  controlling  rule  of  construction  is  to  ascertain 
and  give  effect  to  the  intent  of  the  Legislature.  As  expressed  in  Paragraph 
1,  Section  1,  Chapter  131  (Hurd's  Revised  Statutes,  1903): 

"All  general  provisions,  terms,  phrases  and  expressions  shall  be  liberally 
construed  in  order  that  the  true  intent  and  meaning  of  the  Legislature  may 
be  carried  out." 

In  the  case  of  Manhattan  Co.  v.  Kaldenburg,  165  N.  Y.,  1,  the  Court  say: 

"In  construing  statutes  the  proper  course  is  to  start  out  and  follow  the  true 
intent  of  the  Legislature  and  to  adopt  that  sense  which  harmonizes  best  with 
the  context  and  promotes  in  the  full  manner  the  apparent  policy  and  objects 
of  the  Legislature." 

In  ascertaining  the  intent,  the  entire  statute  is  to  be  taken  into  considera- 
tion. This  is  for  the  reason  that  a  statute  is  passed  as  a  whole,  and  not  by 
sections,  paragraphs  and  sentences.  It  is  assumed  that  one  general  purpose 
animated  the  Legislature.  Keeping  in  view  the  general  intent,  the  meaning- 
and  scope  of  any  particular  paragraph  or  section  is  to  be  determined  and 
ascertained  by  comparing  it  with  other  paragraphs  and  sections  of  the  same 
law. 

In  the  case  of  Greenwood  v.  Gmelich,  175  111.,  526,  the  Supreme  Court  say: 

"When  any  portion  of  a  written  law,  standing  by  itself,  seems  to  be  of 
doubtful  meaning,  it  may  be  made  plain  by  comparing  it  with  other  portions 
of  the  same  law. 

"The  whole  is  to  be  examined  with  a  view  to  arriving  at  the  true  intention 
of  each  part.  *  *  *  If  any  section  of  a  law  be  intricate,  obscure  or  doubt- 
ful, the  proper  mode  of  discovering  its  true  meaning  is  by  comparing  it  with 
the  other  sections,  and  finding  out  the  sense  of  one  clause  by  the  words  or 
obvious  intent  of  another.  And  in  making  this  comparison,  it  is  not  to  be 
supposed  that  any  words  have  been  employed  without  occasion,  or  without 
intent  that  they  should  have  effect  as  part  of  the  law.  The  rule  applicable 
here  is  that  the  effect  is  to  be  given,  if  possible,  to  the  whole  instrument,  and 
to  every  section  and  clause.  If  different  portions  seem  to  conflict,  the  courts 
must  harmonize  them,  if  practicable,  and  must  lean  in  favor  of  a  construction 
which  will  render  every  word  operative,   rather  than  one   which  may  make 


140 

some  words  idle  and  nugatory.  *  *  *  One  part  may  qualify  another  so  as 
to  restrict  its  operation,  or  apply  it  otherwise  than  the  natural  construction 
would  require  if  it  stood  by  itself:  but  one  part  is  not  to  be  allowed  to  defeat 
another,  if  by  any  reasonable  construction  the  two  can  be  made  to  stand  to- 
g-ether.    (Cooley's  Const.  Lim.  marg\  pp.  57.  58.)" 

To  the  same  effect  are  the  cases  of  People  v.  Harrison,  191  111.  257;  People 
v.  Hinrichsen.  161  111.  223. 

With  these  general  rules  in  mind,  and  keeping-  in  view  the  general  plan  and 
intention  of  the  Legislature  to  provide  for  the  holding  and  regulation  of 
primary  elections  to  the  end  that  all  voters  of  a  party  may  participate  and 
have  a  voice  in  the  nomination  of  candidates  of  their  respective  parties,  we 
may  proceed  to  consider  the  questions  submitted  in  your  letter. 

I  shall  take  up  and  discuss  the  Primary  Law  as  applicable  only  to  counties 
having  a  population  of  less  than  125,000.  I  shall  exclude  from  consideration, 
in  this  opinion,  the  law  as  applicable  to  cities,  villages  and  incorporated 
towns. 

Your  first  question  is  as  follows: 

"Does  section  65,  which  is  to  the  effect  that  in  all  counties  having  a  popula- 
tion of  125,000,  or  over,  the  succeeding  sections  only  shall  apply,  except  as 
hereinafter  provided,  mean  that  the  succeeding  sections  shall  not  apply  to 
Cook  County,  leaving  the  whole  law  applicable  to  the  whole  State  except  Cook 
County?" 

The  counties  comprised  in  this  classification  constitute  all  of  the  counties 
of  the  State  with  the  exception  of  Cook  County.  To  those  counties  the  first 
sixty-four  sections  of  the  Act  apply,  and  to  Cook  County  the  remainder  of  the 
Act  applies,  except  as  specifically  in  the  Act  otherwise  provided.  This  is 
made  plain  by  section  65  of  the  Act.  which  provides  that: 

"In  all  the  counties  of  the  state,  having  a  population  of  125,000.  or  over, 
the  following  sections  only  shall  apply,  except  as  hereinafter  provided." 

Your  second  question  is  as  follows: 

"Is  there  any  provision  for  the  nomination  of  candidates  for  Clerk  of  the 
Appellate  Court  in  districts  outside  of  Cook  County?" 

Section  1  of  the  Act  provides  that  it  shall  apply  to  the  nomination  for  can- 
didates for  the  following  offices,  namely:  (1)  Governor:  (2)  Representative  in 
Congress;  (3)  Members  of  the  General  Assembly:  and  (4)  all  county  officers. 

Under  the  familiar  rule  of  statutory  construction  that  where  a  statute 
enumerates  the  persons  or  things  to  be  affected  by  its  provisions,  there  is  an 
implied  exclusion  of  others,  only  those  candidates  for  the  offices  specifically 
enumerated  by  the  act  are  affected  by  its  provisions.  It  follows,  therefore, 
that  as  applies  to  counties  having  a  population  of  less  than  125,000,  the  pro- 
visions of  said  Act  are  not  applicable  to  the  nomination  for  candidates  for 
Appellate  Court  Clerk.  The  Clerk  of  the  Appellate  Court,  while  not  excluded 
by  the  proviso  to  section  1,  is  not  an  officer  within  the  class  of  those  specific- 
ally enumerated. 

Your  next  three  questions  may  be  considered  together: 

"Is  there  any  provision  in  the  primary  law  for  primary  election  clerks?" 

"Do  the  clerks  of  general  elections  serve  also  as  clerks  of  primary  elections?" 

"Are  the  judges  permitted  to  appoint  clerks?" 

From  an  examination  of  said  act,  I  find  no  authority  whatever  for  the 
appointment  of  piimary  election  clerks.  I  find  no  provision  for  the  payment 
of  fees  to  primary  election  clerks.  On  the  contrary,  it  is  provided  by  section 
13  as  follows: 

"The  primary  election  judges  *  *  *  shall  perform  the  same  duties,  have 
the  same  powers,  and  be  subject  to  the  same  penalties  as  judges  and  clerks  of 
general  elections,  under  the  general  election  laws  of  this  State." 

In  a  number  of  sections,  namely,  15,  39,  and  perhaps  others,  reference  is 
made  to  the  clerks  of  elections.  In  order  to  be  an  officer  of  election,  it  is 
necessary  that  some  statutory  authority  should  exist  for  the  election  or 
appointment  of  such  officer.  The  intent  *  of  the  Legislature  is  clear  that  the 
judges  of  primary  elections  should  perform  the  same  duties  as  judges  and 
clerks  of  general  elections.  That  being  the  case,  and  no  authority  for  the 
appointment  of  clerks  being  contained  in  the  law,  I   am  of  the  opinion  that 


141 

primary  election  judges  have  no  power  to  appoint  cJerks  at  primary  elections. 
The  election  is  to  be  conducted  by  the  persons  and  officers  pointed  out  by 
statute. 

From  an  examination  of  the  law,  it  is  apparent  that  the  only  persons  per- 
mitted to  remain  around  the  polls  during-  the  time  a  primary  election  is  being- 
held  are  the  judges,  challengers,  and  the  necessary  peace  officers. 

To  permit  the  judges  to  appoint  clerks  wTould  introduce,  to  say  the  least,  an 
irregularity  in  the  election  and  might,  if  fraud  were  charged  and  proved,  in- 
validate the  primary  election  in  that  primary  district. 

Your  next  question  is: 

"What  is  the  pay  of  primary  election  judges?" 

Section  14  of  the  act  provides  that: 

"The  primary  election  judges  shall  receive  the  same  pay  and  shall  be  paid 
by  the  same  authorities  and  in  the  same  manner  as  judges  under  general  elec- 
tion laws  of  this  State:  Provided,  all  such  election  officers  shall  receive  but* 
one  per  diem  each  for  their  services  as  primary  election  officers.'' 

By  reference  to  the  general  election  laws,  I  find  that  judges  of  elections  in 
counties  of  the  first  and  second  class  shall  be  allowed  the  sum  of  three  dollars 
($3.00)  per  day  for  their  services,  and  judges  of  elections  in  counties  of  the 
third  class,  the  sum  of  five  dollars  ($5.00)  each  per  day. 

Your  next  question  is  as  follows: 

•'In  section  21,  referring  to  the  matter  of  petitions  for  the  nomination  of 
candidates  for  county  offices,  does  the  word  containing  mean  that  petitioners 
are  not  required  to  sign  petitions?"' 

Before  having  his  name  placed  upon  the  primary  election  ballot,  as  a  candi- 
date for  the  nomination  for  any  office,  the  nomination  for  which  is  required 
to  be  made  under  the  Primary  Election  Law,  the  candidate  must  file  in  the 
proper  office  a  petition  of  the  requisite  number  of  voters  of  his  party.  That 
is  to  say,  a  candidate  for  the  nomination  for  a  county  office  must  file  a  psti- 
tion  in  the  office  of  the  county  clerk  of  his  county,  said  petition  containing  at 
least  5  per  cent  of  the  lawful  voters  of  his  party  in  the  county,  to  be  based 
upon  the  last  preceding  presidential  election:  a  candidate  for  the  nomination 
for  United  States  Senator  must  file  in  the  office  of  the  Secretary  of  State  a 
petition  signed  by  not  fewer  than  5,000  legal  voters,  members  of  the  party  in 
which  he  is  a  candidate  for  the  nomination;  a  candidate  for  the  nomination 
for  Governor  must  likewise  file  in  the  office  of  the  Secretary  of  State  a  peti- 
tion signed  by  not  fewer  than  5,000  lawful  voters,  members  of  the  party  in 
which  he  is  a  candidate  for  nomination;  a  candidate  for  nomination  for  a  con- 
gressional office  and  a  candidate  for  nomination  for  a  senatorial  office  shall  file 
in  the  office  of  the  Secretary  of  State  a  petition  signed  by  at  least  5  per  cent 
of  the  voters  in  said  district  of  his  party  cast  at  the  last  preceding  presidential 
election  for  electors. 

It  will  be  noted,  therefore,  that  the  Legislature  has  used  the  word  signed 
as  applicable  to  all  petitions  except  the  petition  of  a  candidate  for  the  nom- 
ination for  a  county  office.  With  respect  to  a  candidate  for  the  nomination 
for  a  county  office,  the  Legislature  has  used  the  word  containing. 

From  the  several  provisions  of  the  statute  above  set  forth,  the  leading  and 
controlling  purpose  and  intention  is  evident.  That  intention  is  that  the  peti- 
tion of  all  candidates  for  the  nomination  for  offices,  required  to  be  made  under 
said  Act,  shall  be  signed  by  the  petitioner. 

The  word  containing,  as  used  in  section  21,  is  a  word  of  very  broad  and 
general  signification.  The  plain,  ordinary  meaning  of  the  word  is  "holding 
within  fixed  limits,  comprehend,  comprise;  include;  hold.  To  comprise,  as  a 
writing;  have,  as  contents."'     (Century  Dictionary.) 

Giving  to  this  word  then,  its  plain,  ordinary  meaning,  namely,  that  the 
petition  must  have,  as  its  contents,  the  names  of  at  least  5  per  cent  of  the  law- 
ful voters  of  the  party  in  the  county  and  construing  it,  as  we  must,  with  sec- 
tions 22  and  23  of  the  Act,  the  evident  purpose  of  the  Legislature  is  that  the 
petition  of  the  candidate  for  the  nomination  for  a  county  office  must  be  signed 
by  at  least  5  per  cent  of  the  lawful  voters  of  his  party  in  the  county. 

Your  next  question  is: 

"Is  it  necessary  that  candidates  for  the  nomination  for  county  offices  at  the 
primary  election  comply  with  section  5  jo  of  an  act  entitled,  "An  Act  to  amend 


142 

an  Act  entitled,  'An  Act  to  provide  for  the  printing-  and  distribution  of  ballots 
at  public  expense  and  for  the  nomination  of  candidates  for  public  offices,  to 
regulate  the  manner  of  holding-  elections  and  to  enforce  the  secrecy  of  the 
ballot,  approved  June  22,  1891,  in  force  July  1,  1891,  and  amendments  thereto, 
by  adding  thereto  a  section  to  be  known  as  Section  5' ./? '" 

Section  51.,  is  an  amendment  to  what  is  known  as  the  Australian  Ballot  law. 
Said  section  is  applicable  only  to  petitions  of  persons  who  desire  to  have  their 
names  placed  upon  the  official  ballot  to  be  used  at  the  general  elections.  It 
has  no  relation  whatever  to  the  Primarjr  Election  Act,  which  regulates  the 
petitions  of  candidates  for  the  nomination  for  offices.  Section  5^  is  applicable 
to  persons  who  are  independent  candidates.  It  does  not  assume  to  regulate 
or  apply  in  any  manner  to  primary  elections.  It  is  not  necessary,  therefore, 
that  the  petition  or  petitions  required  by  the  Primary  Act  should  conform 
with  the  provisions  of  section  51.,. 
*     The  next  question  is: 

"When  the  County  Central  Committee  determines  that  the  nomination  of 
candidates  for  county  offices  shall  be  made  by  delegates  chosen  at  the  pri- 
maries, is  it  necessary  that  each  candidate  for  the  nomination  for  a  county 
office  shall  file  in  the  office  of  the  county  clerk  a  statement  of  intention  and  a 
petition?'" 

Section  21  provides  for  the  filing  of  the  statement  of  intention  and  for  the 
filing-  of  a  petition.  The  wording  of  said  Section  21  makes  the  filing  of  said 
statement  of  intention  and  said  petition  mandatory  upon  all  candidates  for 
the  nomination  for  county  offices.  The  word  used  in  referring  to  each  differ- 
ent paper,  is  "shall."     That  is  to  say, 

"Any  member  of  a  political  party  desiring  or  intending  to  become  a  candi- 
date for  the  nomination  for  a  county  office  before  the  County  Convention  of 
his  party  *  *  *  shall  *  *  *  file  in  the  county  clerk's  office  *  *  *  a  statement 
of  his  intention  *  *  *  ." 

"Each  candidate  for  each  county  office  *  *  *  shall  also  file  a  petition  in  the 
office  of  the  county  clerk  ***.'" 

That  this  section  is  mandatory  is  born  out  by  an  examination  of  additional 
sections  of  the  Act.     Section  52  provides  that: 

"No  candidate  for  the  nomination  for  any  office,  who  has  not  complied  with 
the  provisions  of  this  Act,  shall  be  nominated  by  any  convention:  Provided, 
that  any  convention  may  by  a  four-fifths  vote  of  all  its  members  nominate  a 
person  whose  name  did  not  appear  upon  the  primary  ballot  ***."' 

In  order  to  be  nominated,  therefore,  for  a  county  office,  a  person  must  have 
his  name  placed  upon  the  primary  ballot  of  his  party.  The  only  means 
pointed  out  by  the  statute  whereby  a  person  whose  name  did  not  appear  upon 
the  primary  ballot  of  his  party,  can  be  nominated  at  the  county  convention 
are  as  follows: 

(1)  By  a  four-fifths  vote  of  all  the  members  of  the  county  convention; 

(2)  In  case  of  a  vacancy,  the  county  convention  may  select  any  qualified 
person  as  a  candidate  to  fill  such  vacancy. 

(See  Section  52.) 

You  submit  this  question: 

"How  will  county  clerks  ascertain  whether  or  not  the  names  of  the  persons 
contained  in  the  petition  of  a  candidate  for  the  nomination  for  a  county  office 
are  the  names  of  persons  who  affiliate  with  the  political  party  to  which  the 
candidate,  filing  said  petition,  belongs?" 

It  must  be  borne  in  mind  that  the  county  clerk  is  not  a  judicial  officer.  He 
is  a  ministerial  officer.  He  cannot  exercise  judicial  functions.  It  is  not  for 
the  county  clerk  to  determine  whether  or  not  the  petition  is  valid  or  fraudu- 
lent. When  a  petition  is  filed  in  his  office  containing  the  requisite  number  of 
names,  it  is  the  duty  of  the  county  clerk,  as  a  ministerial  officer,  to  file  said 
petition  and  to  assume,  until  the  contrary  is  shown,  that  it  is  in  good  faith 
and  contains  the  names  of  persons  who  affiliate  with  the  party  of  the  candi- 
date filing  the  same.  If  the  petition  is  fratidulent.  it  can  be  attacked  in  a 
judicial  proceeding  in  a  court  having  competent  jurisdiction.  It  then  be- 
comes a  judicial  question  subject  to  judicial  review. 

With  this  view  of  the  law,  it  is  unnecessary,  therefore,  to  pass  upon  the 
further  question  submitted,  namely: 

"What  constitutes  party  affiliation?'' 


143 

The  next  questions  are  as  follows: 

''Does  the  law  provide  for  the  election  of  the   County  Central  Committee?" 

"Of  how  many  members  does  the  County  Central  Committee  consist?" 

The  law  specifically  provides  for  the  election  of  the  County  Central  Com- 
mittee.    Section  43  provides: 

"The  Committeemen  of  each  party  elected  within  each  county  *  *  *  shall 
constitute  the  County  *  *  *  Committee  of  such  party." 

The  term  of  office  of  a  primary  committeeman  is  two  years  next  succeeding 
the  date  of  his  election.  The  County  Central  Committee  of  each  party,  then, 
will  be  constituted  of  one  member  from  each  primary  district. 

The  next  question  submitted  is: 

"Can  a  person,  not  a  member  of  the  County  Central  Committee,  be  made 
chairman  of  said  County  Central  Committee?  In  other  words,  must  the  chair- 
man, and  other  officers  deemed  necessary  by  the  County  Central  Committee, 
be  regular  members  of  that  body?" 

Section  43  provides  that  within  ten  days  after  their  election,  the  County 
Central  Committee  shall  meet  and  "select  a  chairman  and  such  other  officers 
of  the  Committee  as  they  may  determine." 

In  this  connection  also  the  provisions  of  Section  55  should  be  taken  into 
consideration.     Section  55  provides  as  follows: 

"The  delegates  of  each  party  for  each  county,  to  all  State,  Congressional 
and  Senatorial  conventions  shall  be  chosen  and  selected  by  the  county  con- 
vention of  the  respective  party  of  said  county,  and  not  otherwise." 

It  will  be  noted  that  in  speaking  of  the  chairman  and  other  officers  of  the 
County  Central  Committee,  the  Legislature  has  used  the  word  select. 

In  speaking  of  the  delegates  to  congressional,  senatorial  and  State  conven- 
tions, the  Legislature  has  used  the  words  chosen  and  selected.  The  Legisla- 
ture it  seems  to  me,  has  used  the  words  deliberately  and  advisedly.  It  has 
used  them  and  has  given  to  them  the  common,  ordinary  meaning.  The  word 
choose  is  a  general  and  indefinate  term,  signifying  to  take  one  out  of  two  or 
more  at  random.  The  word  select  is  a  term  less  broad  in  signification  and 
means,  in  its  common,  ordinary  sense,  to  take  or  pick  out  from  a  certain 
designated  number.     (See  Century  Dictionary,  under  the  word  "select.") 

In  using  the  word  select  therefore,  with  respect  to  the  chairman  of  the 
County  Central  Committee,  it  was  the  intention  of  the  Legislature  that  said 
chairman  and  such  other  officers  as  the  Committee  might  deem  necessary, 
should  be  taken  and  picked  from  among  the  number  elected  as  primary  com- 
mitteemen for  that  party  in  the  county. 

In  using  the  words  chosen  and  selected  with  respect  to  the  delegates 
from  the  county  to  congressional,  senatorial  and  State  conventions,  the  Legis- 
lature intended  that  the  delegates  might  be  taken  from  the  members  of  the 
convention  or  from  the  body  of  the  party  in  the  county. 

Your  next  question  is: 

"How  and  by  whom  is  the  uniformity  in  size  of  the  primary  election  bal- 
lots of  each  political  party  in  each  primary  district  to  be  determined?" 

Section  25  prescribes  that  the  method  of  voting  at  the  primary  election  shall 
be  by  ballot,  said  ballot  to  conform  to  the  requirements  of  the  Act. 

Section  26  prescribes  that: 

"The  primary  election  ballot  of  each  political  party  shall  be  separately 
printed  upon  paper  of  uniform  quality,  texture,  and  size  and  in  black  ink, 
but  no  two  party  primary  ballots  shall  be  printed  upon  paper  of  the  same 
color  or  tint.  The  county  clerk  *  *  *  shall  publicly  announce  the  color 
of  the  primary  ballots  at  least  fifteen  (15)  days  before  a  primary  election." 

Section  27  prescribes  that  the  primary  election  ballots  of  each  political 
party  should  be  uniform  (1)  in  quality;  (2)  in  texture;  (3)  size;  (4)  printed  in 
black  ink;  (5)  and  no  two  party  primary  ballots  should  be  of  the  same  color  or 
tint. 

By  section  25.  it  is  provided  that: 

"The  county  clerk  *  *  *  shall  furnish  paper  at  cost  to  any  person  or 
persons  who  may  desire  to  use  the  same  for  primary  election  ballots  at  his 
own  expense." 


1U 

By  requiring  the  county  clerk  to  furnish  ballots  at  cost,  it  is  clear  that  the 
Act  has  provided  a  means  by  which  uniformity  of  quality  and  texture  in  pri- 
mary election  ballots  may  be  ascertained.  The  county  clerk  must  publicly 
announce  the  color  of  the  ballots  of  each  political  party. 

The  only  question,  therefore,  is  who  is  to  determine  as  to  the  uniformity  in 
size  of  the  primary  election  ballots. 

In  order  to  answer  this  question,  it  is  necessary  to  review  the  various  pro- 
visions of  the  Act  and  to  ascertain  the  officer  whose  duty  it  is  to  perform  the 
clerical  services  incident  to  holding-  the  primary  election.  It  will  be  granted 
that  all  clerical  and  ministerial  services  required  to  carry  this  law  into  exe- 
cution are  performed  through  the  office  of  the  county  clerk.  What  then,  are 
the  duties  of  the  county  clerk  with  respect  to  the  practical  administration  of 
this  law? 

The  call  for  the  county  convention  must  be  filed  in  the  office  of  the  county 
clerk.  When  such  call  is  filed,  it  is  his  duty  to  give  notice  of  such  primary 
election.  All  necessary  supplies  for  the  election,  including  registry  poll 
books  and  tally  sheets,  are  furnished  by  him  to  the  judges.  Each  candidate 
for  the  nomination  for  a  county  office  files  in  his  office  a  statement  of  inten- 
tion and  a  petition.  Candidates  for  the  nomination  for  Governor,  United 
States  Senator,  congressional  offices  and  senatorial  offices  have  their  names 
certified  to  him.  He  furnishes  paper  at  cost.  Fifteen  days  before  the  pri- 
mary election,  he  publicly  announces  the  color  of  the  ballots  of  each  political 
party. 

The  returns  of  the  election  are  made  to,  and  canvassed  by  the  county 
clerk.  After  the  returns  are  made  and  canvassed,  he  is  required  to  prepare  a 
tabulated  statement  thereof. 

There  may  be  other  provisions  prescribing  certain  duties  to  be  performed  by 
the  county  clerk  but  the  above  are  sufficient  to  show,  with  clearness,  the  in- 
tent of  the  Legislature  that  all  the  clerical  work  in  and  about  the  execution 
of  the  law  should  be  performed  by  the  county  clerk. 

No  other  ministerial  officer  has  anything  whatever  to  do  with  the  execution 
of  the  law.  The  county  clerk  has  on  file  in  his  office  the  statements  of  inten- 
tion, or  certified  copies  thereof,  of  all  candidates  for  nomination  for  all  offices 
to  be  filled  at  the  primary  election.  He  is  the  only  officer,  therefore,  who 
would  know  officially  the  number  of  candidates  whose  names  are  to  be  placed 
upon  the  primary  election  ballot.  Also  the  county  clerk  has  filed  in  his  office 
a  call  for  the  county  convention.  This  call  specifies  the  number  of  delegates 
in  the  county  convention  to  which  each  primary  district  in  the  county  in  each 
party  is  entitled. 

The  law  further  specifies  that  each  primary  district  shall  elect  one  primary 
committeeman. 

The  particular  intent  of  the  Legislature  is  manifest  that  the  ballots  shall  be 
uniform  in  size.     This  is  clearly  and  unequivocally  expressed  in  section  26. 

The  general  rule  is  that  effect  must  be  given,  if  possible,  to  every  word, 
clause  and  sentence  of  the  statute.  Statutes  should  be  so  construed  that 
effect  may  be  given  to  all  and  every  provision,  so  that  no  part  may  be  inoper- 
ative or  superfluous,  void  and  insignificant,  and  so  that  one  section  will  not 
destroy  another. 

To  determine  the  uniformity  of  size  of  ballots  is  a  clerical  function.  When 
the  Legislature  imposed  upon  the  county  clerk  the  duty,  among  others,  of 
furnishing  paper  at  cost,  and  of  announcing  the  color  of  the  primary  ballot  of 
each  party,  it  is  evident  that  the  Legislature  intended,  in  the  practical  appli- 
cation of  the  law,  that  the  county  clerk  should  designate  the  size  of  the  pri- 
mary election  ballot  of  each  party  in  each  primary  district  of  his  county. 
Manifestly  it  was  in  the  contemplation  of  the  Legislature  that,  in  furnishing 
paper,  in  announcing  the  color  of  the  ballot,  and  in  performing  various  other 
ministerial  acts,  the  county  clerk  would  be  required  to  prescribe  the  size  of 
the  ballot.  Construing  the  statute  thus  carries  out  the  beneficial  purpose  in- 
tended to  be  accomplished  by  the  Legislature. 

To  hold  that  no  person  or  officer  is  authorized  to  prescribe  the  size  of  the 
primary  election  ballots  for  each  primary  election  district  would  be  to  render 
void  more  than  one  section  of  the  Act  and  to  make  inoperative  the  intention 
of  the  Legislature  as  clearly  expressed. 


145 

The  next  question  is: 

l'If  the  ballots  are  not  uniform  in  size  in  each  primary  district,  will  the 
primary  election  in  such  primary  district  be  void?1' 

After  providing-  that  the  ballots  shall  be  uniform  in  size,  quality  and  tex- 
ture, and  printed  in  black  ink,  and  after  providing-,  in  detail,  by  section  27, 
for  the  size  of  type  to  be  used,  the  Legislature  say  that: 

•No  primary  ballot  shall  be  used  unless  the  same  shall  substantially  comply 
with  the  requirements  of  this  act,  and  any  ballot  not  in  accordance  herewith 
shall  be  void  for  all  purposes/' 

In  my  opinion,  this  section  is  mandatory     The  general  rule  is  that  a  statute 
which  declares  that  the  ballot  shall  not  be  counted  which  is  cast  in  disregard 
and  violation  of  certain  prescribed  forms  is  mandatory. 
Lankford  v.  Gebhart,  130  Mo.  621. 

The  ballots,  therefore,  must  comply  with  the  provisions  of  the  Act.  If  they 
do  not  substantially  comply  wth  the  provisions  thereof,  then  they  shall  be 
void  for  all  purposes.  The  election  in  that  primary  district  would  not  neces- 
sarily be  void;  but  only  the  ballots  which  do  not  conform  substantially  with 
the  provisions  of  the  act  and  with  the  size,  color,  quality  and  texture  pre- 
scribed by  the  county  clerk,  would  be  void. 

Your  next  question  is: 

"Is  it  the  duty  of  the  county  clerk  to  print  the  primary  election  ballots?" 

There  is  no  provision  in  statute  requiring  the  county  clerk  to  print  the 
primary  election  ballots.  Nowhere  in  the  Act  is  it  provided  that  the  ballots 
shall  be  furnished  at  public  expense.  On  the  other  hand,  it  is  contemplated 
by  the  Act  that  the  ballots  shall  be  provided  at  private  expense. 

Your  next  question  is: 

•'Must  the  names  of  all  candidates  for  the  nomination  for  county  offices  of 
each  political  party  be  printed  on  every  primary  ballot  of  that  party?" 

Section  27  provides,  in  speaking  of  the  arrangement  of  offices  and  names  on 
the  primary  ticket,  as  follows: 

"Below  the  name  of  each  office  shall  be  printed,  in  smaller  capital  letters, 
the  names  of  all  candidates  (alphabetically  arranged,  according-  to  surnames) 
for  the  nomination  for  said  office  which  are  entitled  to  be  placed  upon  the 
respective  party  primary  ballot." 

It  follows,  therefore,  that  the  names  of  all  candidates  for  the  nomination 
for  county  offices,  together  with  the  names  of  the  candidates  for  United 
States  Senator,  Governor,  congressional  office  and  senatorial  office  must  be 
placed  upon  the  primary  ballot  of  the  proper  party  in  each  primary  district. 

Your  next  three  questions,  which  may  be  considered  together,  are  as  fol- 
lows: 

"Must  each  ballot  of  each  party  in  each  primary  district  contain  the  full 
number  of  delegates  to  which  such  district  is  entitled  in  the  county  conven- 
tion?" 

"Must  the  names  of  all  delegates  and  primary  committeemen  of  each  pri- 
mary district  of  each  party  be  printed  on  every  ballot  of  that  party  in  that 
primary  district?" 

"How  does  the  county  central  committee  determine  the  total  number  of 
delegates  which  shall  compose  the  county  convention  and  the  number  of  dele- 
gates to  which  each  primary  district  will  be  entitled  in  the  county  conven- 
tion?" 

The  county  central  committee  is  the  political  or  managing  committee.  At 
a  meeting  held  at  least  thirty  days  prior  to  the  primary  election,  it  deter- 
mines upon  the  ratio,  or  basis,  of  representation  in  the  county  convention. 
Each  county  central  committee  determines  for  itself  upon  what  ratio,  or  upon 
what  basis,  the  various  primary  districts  shall  be  represented  in  the  county 
convention.  The  county  central  committee  has  full  and  complete  power,  as 
the  governing  committee  of  the  party,  to  assign  to  each  primary  district  the 
number  of  delegates  such  primary  district  shall  have.  The  only  restriction 
upon  said  county  central  committee  is,  that  each  primary  district  is  entitled 
to  at  least  one  delegate.  After  determining,  by  its  own  method,  the  number 
of  delegates  to  which  each  primary  district  is  entitled  in  the  county  conven- 
tion, it  files  a  call  for  the  county  convention. 

—10  E  L 


146 

A  person  desiring-  to  be  a  delegate  is  not  required  to  file  either  a  statement 
of  intention  or  a  petition.  No  means  is  provided  by  which  the  names  of  per- 
sons desiring  to  be  delegates  may  be  known  officially.  It  would  be  imprac- 
ticable and  impossible  to  place  the  names  of  all  delegates  to  the  county  con- 
vention on  the  primary  ballot. 

By  the  literal  reading  of  paragraph  3  of  section  27,  each  primary  ballot 

"shall  contain  the  names  of  all  delegates  to  the  county  convention  from 
such  primary  districts." 

It  is  apparent,  however,  from  a  consideration  of  the  whole  act.  that  it  was 
the  intention  of  the  legislature  that  each  primary  election  ballot  should  con- 
tain only  the  number  of  names  for  delegates,  heretofore  determined  by  the 
proper  county  central  committee,  that  the  primary  district  is  entitled  to  in 
the  county  convention. 

The  intention  of  the  legislature  that  only  the  requisite  number  of  delegates 
of  that  party  from  each  primary  district  should  be  placed  upon  the  primary 
ballot  is  evident  from  section  15,  which  provides  that: 

"The  judges  of  elections  shall  permit  each  different  ticket  of  delegates  to 
be  represented  by  a  challenger  chosen  by  a  majority  of  those  named  for  dele- 
gates on  any  particular  ticket." 

Here  the  legislature  specifically  recognizes  that  there  may  be  several  tickets 
of  delegates  for  each  party  in  each  primary  district.  Again,  the  legislature 
recognizes  this  in  providing  by  section  31  that: 

"The  judges  shall  receive  from  any  person  or  persons,  and  permit  to  be 
freely  and  equally  exposed  in  separate  and  orderly  piles  within  the  polling 
place,  near  the  ballot  box,  and  within  reach  of  the  voters,  a  sufficient  supply 
of  each  of  the  various  ballots  provided  for  in  this  act,  and  shall,  upon  request, 
furnish  to  each  and  every  person  qualified  to  vote,  one  of  each  of  the  primary 
ballots  of  the  party  with  which  said  person  declares  himself  affiliated." 

It  is  evident,  therefore,  from  these  two  provisions  of  the  statute  that  the 
legislature  intended  that  there  might  be  more  than  one  ticket  of  delegates 
for  each  party  in  each  district.  If  the  names  of  all  delegates  for  each  party 
must  be  printed  upon  each  ballot,  then  the  provisions  of  section  31,  that  the 
judges 

"shall,  upon  request,  furnish  to  each  and  every  person  qualified  to  vote  one 
of  each  of  the  primary  ballots  of  the  party  with  which  such  person  declares 
himself  affiliated,'' 
would  be  nugatory,  meaningless  and  superfluous. 

Such  a  construction  was  not  contemplated  by  the  legislature. 

Your  next  question  is  as  follows: 

"Sub-section  3  of  section  27  provides  that  unless  the  ballot  substantially 
complies  with  the  provisions  of  the  Act  it  shall  not  be  received,  deposited  or 
counted  by  any  person  or  judge  at  such  primary  election.  How  is  the  judge 
to  know  whether  or  not  it  conforms  to  the  requirements  of  this  act  when  he 
receives  or  deposits  the  ballot." 

If  the  ballot,  as  handed  to  the  judge  of  primary  elections,  apparently  con- 
forms to  the  provisions  of  the  act,  it  is  the  duty  of  the  primary  election  judge 
to  receive  and  deposit  the  same.  However,  when,  after  the  close  of  the  polls, 
the  ballot  box  is  opened  and  the  ballots  are  canvassed,  it  is  noted  that  a 
ballot  does  not  conform  substantially  to  the  provisions  of  the  Act,  it  is  the 
duty  of  the  primary  election  judge  to  disregard  the  same. 

Your  next  question  is: 

"By  whom  and  by  what  authority  are  the  names  of  the  candidates  for  del- 
egates and  primary  committeemen  printed  on  the  primary  ballot  and  how  is 
it  to  be  known  who  are  candidates  for  delegates  and  primary  committee- 
men?1* 

Section  2f>  prescribes  that: 

"The  method  of  voting  at  a  primary  election  shall  be  by  ballot:  which  bal- 
lot shall  conform  to  the  requirements  hereinafter  made.'" 

Section  26  prescribes  that: 

"The  primary  election  ballot  of  each  political  party  shall  be  separately 
printed  upon  paper  of  uniform  quality,  texture  and  size,  and  in  black  ink." 

Section  27  prescribes  specifically  and  in  detail  how  the  ballot  of  each  polit- 
ical party  shall  be  ai'ranged  and  printed. 


147 

Each  qualified  primary  elector  is  a  competent  candidate  for  a  delegate  to 
the  county  convention  of  his  party  and  for  county  committeeman.  Each  qual- 
ified primary  elector  has  the  legal  right  to  have  printed,  at  his  own  expense, 
a  primary  ballot  containing  his  name  as  a  candidate  either  for  a  delegate  to 
the  county  convention  or  for  primarj^  committeeman.  The  candidate  for  the 
nomination  for  each  county  office  has  the  right  to  place  on  the  primary  elec- 
tion ballot  of  his  party  in  each  primary  district,  the  names  of  the  requisite 
number  of  delegates  to  the  county  convention  of  his  party  from  that  district. 

In  all  cases,  however,  the  ballots  must  correspond  in  size,  texture,  quality 
and  contents  with  the  requirements  of  the  law. 

Your  next  question  is  as  follows:    ■ 

"Is  it  necessaiw  to  print  a  square  opposite  the  name  of  each  delegate  and 
committeeman,  and,  if  so,  by  what  authority  is  this  done?" 

Section  27  provides  that: 

'Immediately  in  front  of  and  opposite  the  name  of  each  candidate,  shall  be 
printed*a  square,  and  all  squares  upon  the  primary  ballot  shall  be  of  uniform 
size." 

The  word  candidate,  as  used  in  this  connection,  seems  to  be  used  as  a  gen- 
eric term.  The  common,  ordinary  meaning  of  the  word  candidate  is,  one 
who  is  voted  for  at  an  election.  It  will  be  noted  that  the  Legislature,  in  this 
connection,  has  not  used  the  words  "each  candidate  for  the  nomination  for 
office,"  but  has  used  the  generic  term,  "each  candidate,"  thereby  comprehend- 
ing as  well  delegates  to  the  county  convention  and  primary  committeemen  as 
candidates  for  the  nomination  for  Governor,  United  States  Senator,  congress- 
ional office,  senatorial  office,  and  county  office. 

Your  next  question  is  as  follows: 

"Who  is  to  determine  the  arrangement  of  offices  on  the  ballot  or  the  ar- 
rangement of  the  names  of  the  candidates  for  the  same  office  whose  surnames 
commence  with  the  same  letter?" 

As  hereinabove  noted,  all  ministerial  services  connected  with  the  execution 
of  this  law  are  to  be  performed  by  the  county  clerk.  The  county  clerk,  there- 
fore, will  determine  the  arrangement  of  names  of  candidates  for  the  nomina- 
tion for  office  whose  statements  of  intention,  or  certified  copies  thereof,  are 
filed  in  his  office,  in  the  manner  prescribed  by  the  act. 

Your  next  question  is: 

"Can  primary  ballots  be  distributed  and  in  circulation  outside  the  polling 
places,  on  primary  election  day,  and  can  any  person  print  ballots  and  have 
them  distributed  by  the  judges?" 

The  statute  has  not  inhibited  the  circulation  of  primary  ballots  outside  the 
polling  places.  The  ballots  do  not  become  official  ballots  until  handed  to  the 
judges  to  be  deposited  in  the  ballot-box,  when  the  judge  marks  the  same 
with  his  initials. 

Section  33  contemplates  that  the  ballot  may  be  marked  before  coming  to 
the  polling  place.  That  being  the  case,  and  the  ballots  not  being  printed  by 
official  authority,  it  follows  that  ballots  can  be  distributed  and  in  circulation 
outside  the  polling  places  on  the  day  of  a  primary  election.  The  judges  of 
primary  elections,  however,  can  distribute  ballots  only  by  the  method  pointed 
out  in  section  31  of  the  act,  which  makes  it  their  duty  to  receive  from  any 
person,  or  persons,  and  permit  to  be  freely  and  equally  exposed  a  sufficient 
supply  of  the  various  ballots  provided  for  in  the  act. 

Your  next  question  is: 

"Can  a  candidate  for  office  have  a  cross  printed  in  the  square  opposite  his 
name  and  in  the  squares  opposite  the  names  of  his  candidates  for  delegates 
to  the  county  convention,  and  in  the  square  opposite  the  name  of  his  candi- 
date for  primary  commiteeman,  aad  not  void  such  ballot?" 

Section  33  provides  that: 

"The  voter  shall  forthwith  and  without  leaving  the  polling  place  retire  to 
one  of  the  voting  booths  and  prepare  his  ballot,  unless  the  same  has  been 
prepared  prior  to  entering  the  booth  by  making  a  cross  "X"  in  the  square  in 
front  of  and  opposite  the  name  of  each  candidate  of  his  choice  for  each  differ- 
ent office  to  be  filled." 

I  am  of  the  opinion  that  it  would  be  illegal  for  a  candidate  thus  to  have 
crosses  printed  in  the  squares  on  the  ballot.  The  Legislature  contemplated 
that  each  primary  elector  should  exercise  his  volition  in  marking  the  ballot. 


148 

The  act  provides  that  the  voter  shall  make  a  cross,  not  that  the  cross  shall 
be  made  by  a  printer. 

It  was  contemplated  that  the  primary  elector  should  place  his  mark  upon 
the  ballot  in  token  of  his  intention  to  vote  as  the  ballot  is  marked;  to  print  a 
cross  in  the  square  would  not  comply  either  with  the  terms  or  with  the  in- 
tent of  the  act. 

Your  next  three  qiiestions  may  be  considered  tog-ether: 

"Do  the  names  of  candidates  for  the  nomination  for  county  offices  appear 
upon  the  primary  ballot  when  the  county  central  committee  determines  that 
the  nomination  shall  be  made  by  delegates  chosen  at  the  primary  election?" 

"Does  Section  47  apply  when  the  county  central  committee  determines  that 
candidates  for  the  nomination  for  county  officers  shall  be  nominated  by  a 
delegate  convention?" 

"If  the  County  Central  Committee  determines  that  candidates  for  the  nom- 
ination for  county  offices  shall  be  nominated  by  delegates  chosen  at  the 
primary  election,  and  the  candidate  for  nomination  for  a  county  office  receives 
a  majority  of  the  votes  cast,  but  a  minority  of  the  delegates,  will  said  candi- 
date for  the  nomination  for  a  county  office  be  nominated?" 

By  Section  6  of  the  Act,  it  is  provided  that  the  County  Central  Committee 
shall  meet, 

"and  at  said  meeting  the  said  County  Central  Committee  shall  first  deter- 
mine whether  or  not  the  several  county  officers  shall  be  nominated  at  the 
primary  election,  or  by  the  delegates  chosen  at  such  primary  to  the  county 
convention.         *         *         *" 

By  Section  52,  it  is  provided  that: 

"No  candidate  for  the  nomination  for  any  office,  who  has  not  complied  with 
the  provisions  of  this  Act,  shall  be  nominated  by  any  convention.  *         *" 

By  Section  27,  it  is  contemplated  that  the  names  of  all  candidates  for  the 
nomination  for  a  county  office  shall  be  placed  upon  the  primary  ballot. 

By  Section  47.  it  is  provided  that  if  it  shall  appear  from  the  tabulated  state- 
ment of  returns,  that: 

"Any  candidate  for  the  nomination  for  a  county  office  has  received  a  major- 
ity of  all  votes  cast  by  his  party  in  his  county  at  the  primary  election,  such 
candidate  shall  thereupon  be  declared  duly  nominated  by  the  convention 
without  the  formality  of  a  ballot." 

It  is  the  intention  of  the  Legislature  that  a  candidate  for  the  nomination 
for  a  county  office,  receiving  a  majority  of  all  the  votes  of  his  party  in  the 
county  for  that  office,  shall  be  declared  the  nominee  of  his  party.  This  in- 
tent is  specifically  pointed  out  in  Section  47  of  the  statute. 

However,  the  County  Central  Committee  has  the  right  to  provide  that  the 
candidate  for  the  nomination  receiving  the  highest  number  of  votes  of  his 
party  in  the  county  may  be  declared  the  nominee. 

The  provisions  of  this  Act  may  be  harmonized,  therefore,  and  the  intention 
of  the  Legislature  be  fully  carried  out  by  construing  these  various  sections 
together  to  mean  that  in  any  event  the  candidate  for  the  nomination  for  a 
county  office  receiving  a  majority  of  all  the  votes  cast  for  that  office  in  his 
county,  shall  be  declared  the  nominee,  even  though  the  County  Central  Com- 
mittee decide  that  the  nomination  shall  be  made  by  a  delegate  convention. 
The  nomination  will  be  made  by  a  delegate  convention  when  no  candidate  for 
the  nomination  for  a  county  office  has  received  a  majority  of  all  the  votes 
cast  in  that  county  for  that  office,  provided,  the  County  Central  Committee 
has  not  passed  a  resolution  that  the  nominations  shall  be  made  by  a  plurality 
vote. 

Whether  or  not  the  County  Central  Committee  determines  that  nominations 
shall  be  made  by  a  delegate  convention,  the  candidates  for  the  nomination 
for  county  offices  must  submit  themselves  to  the  judgment  of  the  qualified 
primary  electors  of  their  party. 

The  primary  election  law  has  provided  a  means  by  which  the  judgment  of  the 
primary  electors  may  be  determined,  and  the  will  of  the  people  registered. 
While  we  may  concede  that  some  of  its  provisions  are  apparently  contradic- 
tory, and  while  it  will  require  a  decision  of  the  Supreme  Court  to  remove 
some  doubts,  yet  the  law  as  it  stands,  and  considered  as  a  whole,  is  not  so  in- 
harmonious or  inconsistent  as  to  affect,  in  a  material  degree,  its  proper  exe- 
cution. 


149 

Provisions  apparently  inconsistent,  upon  a  closer  view  of  the  law,  are 
shown  to  be  capable  under  well  settled  rules  of  statutory  construction,  of  be- 
ing- harmonized  with  the  general  purpose  and  intent  of  the  Legislature. 

Very  respectfully. 

W.  H.  Stead, 

Attorney  General. 


Only  Members  of  a  Political  Party  Entitled  to  Participate. 

Dec.   13,  1905. 
Hon.  W.  A.  Lux,  State's  Attorney,  Sullivan,  111.: 

Dear  Sir — You  ask  *  *  *  "what  is  the  signification  of 

that  provision  in  the  affidavit  of  the  primary  elector  which  requires  him  to 
make  oath  that  he  has  not  signed  any  nominating  petition. "  Replying 
thereto,  I  would  state  that  section  31  relating  to  the  qualifications  of  a  pri- 
mary elector  provides  in  part  as  follows: 

"No  person  who  refuses  to  state  his  party  affiliations,  or  who  shall  have 
signed  a  nominating  petition  for  an  independent  candidate,  or  for  a  candi- 
date of  an  opposing  political  party  as  now  authorized  by  law  shall  be  allowed 
to  vote  at  a  primary  election." 

In  my  opinion  the  provision  of  the  affidavit  refers  to  the  nominating  peti- 
tion for  an  independent  candidate;  that  is,  a  petition  to  have  the  name  of  an 
independent  candidate  placed  upon  the  official  ballot  to  be  used  at  the  general 
election.  By  signing  the  petition  of  an  independent  candidate,  or  by  sign- 
ing the  petition  of  a  candidate  of  an  opposing  political  party,  the  primary 
elector  cannot  truthfully  swear  that  he  is  a  member  of,  or  affiliates  with  the 
party  with  which  he  proposes  to  vote.  The  theory  of  the  Primary  Election 
Law  is  that  it  is  designed  to  regulate  and  promote  party  government,  and  only 
members  of  a  political  party  are  competent  to  participate  in  these  elections. 

Very  respectfully, 

W.  H.  Stead, 

Attorney  General. 


Fees — How    Apportioned — To   Whom     Paid.      Not    Necessary   that    Peti- 
tioners Should  Have  Actually  Voted  at  Last  Election. 

Nov.   21,   1905. 
Hon.  P.  H.  0,Don7iell,  State's  Attorney,  Belvidere,  ILL: 

Dear  Sir — In  my  letter  to  you  of  recent  date,  I  stated  that  I  would,  at  my 
•earliest  convenience,  take  up  the  questions  submitted  by  you  on  the  16th  inst., 
not  answered  specifically  in  an  opinion  rendered  at  the  request  of  Hon.  F.  L. 
Hatch. 

The  questions  submitted  by  you,  and  not  answered  in  the  opinion  to  Mr. 
Hatch,  are  as  follows: 

1.  "To  whom  should  candidates  pay  the  fee  provided  for?1' 

2.  "Who  apportions  the  fees  to  the  different  counties  of  a  district?" 

3.  "What  should  be  done  with  the  money  so  paid?" 

4.  "Should  signers  of  a  petition  be  members  of  a  party  who  actually  voted 
at  the  last  presidential  election,  or  simply  5  per  cent  of  the  number  who  so 
voted?" 

I  shall  consider  the  first  three  of  the  above  questions  together.  I  assume 
that  the  fees  to  which  you  refer  are  the  fees  to  be  paid  by  candidates  for  the 
nomination  for  congressional  and  senatorial  offices. 

Section  23  of  the  Primary  Election  Act  provides  that  a  candidate  for  the 
nomination  for  representative  in  Congress  and  member  of  the  General  Assem- 


160 

bly  shall  have  his  name  printed  on  the  primary  ballot  by  filing-  in  the  county 
clerk's  office  in  the  county  in  which  he  resides,  and  copies  thereof  in  other 
counties  of  the  district,  a  written  request,  substantially  in  the  form  pre- 
scribed. 

Section  23  then  continues: 

"The  candidates  mentioned  in  this  section  shall  pay  the  following-  fees: 
Each  congressional  candidate,  $100;  each  candidate  for  senator,  $50;  each  can- 
didate for  member  of  the  House  of  Representatives,  $25;  and  fees  shall  be 
equally  divided  among  the  respective  counties  of  the  district " 

By  providing  that  fees  should  be  equally  divided  among  the  counties  of  the 
district,  each  county  would  be  entitled  to  its  proportionate  share.  In  order 
to  divide  the  fees  equally  two  courses  are  open  to  the  candidates  for  the  nomi- 
nation for  a  senatorial  or  a  congressional  office.  He  can  either  pay  the  whole 
fee  to  the  county  clerk  of  the  county  in  which  he  resides  and  allow  the  county 
clerk  to  retain  the  proportion  of  the  fee  to  which  his  county  is  entitled,  and 
instruct  the  county  clerk  to  forward  to  the  other  counties  of  the  district  the 
proportionate  share  to  which  each  of  the  other  counties  is  entitled;  in  the  sec- 
ond place,  the  candidate  himself  can  make  the  distribution  and  pay  to  the 
county  clerk  of  each  county  in  his  district  the  portion  of  the  fee  to  which 
each  county  is  entitled. 

When  this  money  is  received  by  the  county  clerk,  it  will  be  accounted  for 
and  paid  over  by  him,  the  same  as  other  fees. 

Answering  your  fourth  above  question,  I  would  state  that  each  candidate 
for  the  nomination  for  a  congressional  or  senatorial  office  is  required  to  file  in 
the  office  of  the  Secretary  of  State  a  petition  signed  by  at  least  five  per  cent 
of  the  voters  of  his  party  cast  at  the  last  preceding  Presidential  election.  The 
candidate  is  required  to  file  a  petition  containing  the  names  of  five  per  cent  of 
the  lawful  voters  affiliated  with  his  party.  The  law  nowhere  requires  that 
the  persons  signing  the  petition  shall  have  voted  at  the  last  preceding  Presi- 
dential election.  Very  respectfully, 

W.  H.  Stead, 
Attorney  General. 


County  Central  Committee. — Until  County  Central  Committee  is  Elected 

in  April,  1906,  Present  Committee  Acts  Under  Rules 

Prescribed  by  Party  Organization. 

December  9,  1905. 
If  on.  George  N.  Seago,  State's  Attorney,  Jerseyville.  111. : 

Dear  Sir — I  have  your  favor  of  recent  date,  in  which  you  state  that  it  has 
been  the  practice  of  the  political  parties  in  your  county  to  select  one  person 
from  each  of  the  voting  districts  of  -  the  county,  as  members  of  the  county 
central  committee.  The  same  convention  would  then  select  a  member  fro'm 
the  body  of  the  county  as  chairman  of  said  county  central  committee.  You 
state  that  there  is  a  vacancy  contemplated  in  one  of  the  parties,  in  said  chair- 
manship. The  question  submitted  is  whether  or  not,  in  case  of  a  vacancy,  the 
chairman  should  be  selected  from  the  present  committee  ? 

Replying  thereto.  I  would  state  that  the  members  of  the  county  central 
committee  to  be  elected  under  the  primary  act  will  not  be  elected  until  a 
primary  election  is  held  on  the  last  Saturday  in  April.  In  my  opinion,  the 
law  relative  to  the  selection  of  a  chairman  of  the  county  central  committee 
applies  only  to  the  county  central  committee  elected  under  the  provisions  .of 
the  primary  law.  Until  a  county  central  committee  is  elected  under  the  pro- 
visions of  said  law,  I  am  of  the  opinion  that  the  present  county  central  com- 
mittee will  act  under  the  rules  prescribed  by  the  party  with  which  it  is 
affiliated.     .  Very  respectfully, 

W.  H.  Stead, 
Attorney  General. 


151 

Does  not  Apply  to    Township  Offices. 

June  27,  1905. 
Mr.  C.  E.  Sackett,  Garden  Prairie,  111.: 

Dear  Sir — I  have  your  favor  of  the  21st  inst.,  in  which  you  ask  if  that  part 
of  section  1  of  the  Primary  Election  law  which  provides  that  the  Primary 
Election  law  shall  apply  to  all  "officers  of  any  city,  village  or  incorporated 
town  organized  under  any  general  or  special  act  of  this  State"  is  applicable 
to  townships  having  a  population  of  1,000  or  more. 

The  word  "town  '  is  employed  to  designate  a  township,  but  the  term  "in- 
corporated town"'  is  seldom,  if  ever,  employed  to  embrace  such  a  body.  The 
term  "incorporated  town"  as  used  in  the  Primary  Election  law  does  not  mean 
a  township. 

Very  respectfully, 

W.  H.  Stead, 

Attorney  General. 


Section  5%  Australian  Ballot   Law    not  Applicable— Primary  Elector 

May  Sign  Petition  of  More    than  One  Candidate  for 

the  Same  Office. 

Sept.  8,  1905. 
Hon.  J.  W,  Keeslar,  State's  Attorney.  Danville,  111.: 

Dear  Sir — I  am  in  receipt  of  your  favor  of  the  5th  inst.,  in  which  you 
submit  the  question  whether  or  not  all  candidates  for  county  offices  at  the 
primary  election  should  comply  with  section  5}4  of  an  act  entitled, 

"An  act  to  amend  an  act  entitled,  ;An  act  to  provide  for  the  printing  and 
distributing  of  ballots  at  public  expense,  and  for  the  nomination  of  candi- 
dates for  public  offices,  to  regulate  the  manner  of  holding  elections,  and  to 
enforce  the  secrecy  of  the  ballot,  approved  June  22,  1891,  in  force  July  1,  1891, 
and  amendments  thereto,  by  adding  thereto  a  section  to  be  known  as  section 

9 ,  | . 

I  am  also  in  receipt  of  a  letter  from  Hon.  W.  R.  Jewell  of  Danville,  111.,  in 
which  the  question  is  submitted  whether  or  not  a  primary  elector  can  sign 
more  than  one  petition  for  candidates  for  the  same  office  under  the  provis- 
ions of  section  21  of  an  act  entitled, 

"An  act    to    provide    for    the   holding  and  regulation  of  primary  elections." 

Replying  to  the  first  above  inquiry,  I  would  state  that  I  am  of  the  opinion 
that  section  5  v2  of  the  election  act  does  not  apply  to  primary  elections.  Sec- 
tion 5  \ 4  simply  provides  the  form  of  the  petition  by  which  a  person  may  have 
his  name  printed  on  the  official  ballot  at  the  general  election.  It  has  no 
relation  to  and  does  not  assume  to  regulate  or  to  apply  in  any  manner  to 
primary  elections. 

Replying  to  the  inquiry  contained  in  Mr.  Jewell's  letter,  I  would  state  that 
section  21  of  the  Primary  Election  Act  provides  that  any  member  of  a  politi- 
cal party  desiring  to  become  a  candidate  for  the  nomination  for  a  county 
office  shall  file  his  statement  of  intention  in  the  county  clerk's  office.  Section 
21  then  continues: 

"Each  candidate  for  each  county  office  *  *  *  provided  for  in  this  act 
of  the  respective  parties  shall  also  file  a  petition  in  the  office  of  the  county 
clerk,  *  *  *  containing,  at  least,  5  per  cent  of  the  lawful  7oters  of  the 
party  in  the  district  or  territory  in  which  he  desires  to  be  a  candidate,  to  be 
based  upon  the  last  preceding  presidential  election." 

From  the  above  quotation- from  the  statutes,  it  will  be  noted  that  the  Leg- 
islature has  placed  no  limitation  upon  the  number  of  petitions  of  his  own 
party  an  elector  may  sign.  The  Legislature  has  not  prohibited  an  elector 
from  signing  the  petitions  of  any  number  of  candidates  for  the  same  office. 
The  Legislature  seems  to  have  contemplated  that  a  candidate  for  the  nomi- 
nation for  a  county  office  shall  have  filed  a  petition  containing,  at  least,  5  per 
cent  of  the  lawful  voters  of  the  county  irrespective  of  whether  or  not  any  or 
all  of  the  petitioners  had  signed  the  petition  papers  of  any  other  candidate 
for  the  nomination  for  the  same  office. 


152 

I  am  of  the  opinion,  therefore,  that  an  elector,  under  the  law,  may  sign 
any  number  of  petitions  for  the  nomination  of  candidates  of  his  own  party 
for  any  county  office. 

Very  respectfully, 

W.  H.  Stead, 

Attorney  General. 


As  Applicable  to  Cities. 


January  23,  1906. 


Hon.  Frank  T.  Reid,  City  Clerk,  Springfield,  111. 

Dear  Sir — I  acknowledge  receipt  of  your  favor  of  the  22nd  inst.,  and  note 
carefully  what  you  say.  Until  recently,  I  have  given  very  little  consideration 
to  the  construction  of  the  primary  election  act  as  applied  to  cities,  villages 
and  incorporated  towns  having  a  population  in  excess  of  1.000  inhabitants. 
As  this  office  would  not  be  called  upon  officially  to  construe  said  act  as  ap- 
plicable to  said  municipalities,  I  assumed  that,  as  applicable  to  cities,  it 
would  be  construed  by  the  local  authorities.  However,  the  demand  for  an 
opinion  upon  this  law  as  applied  to  cities  has  been  so  insistent  that  I  have 
carefully  examined  the  law  as  applied  to  such  municipalities.  Upon  such  ex- 
amination of  the  law,  candor  compels  me  to  state  that  its  application  to  cities, 
villages  and  incorporate     towns  is  by  no  means  clear. 

It  has  been  the  holding  of  this  office  that  the  primary  law  is  intended  to 
govern  and  regulate  the  nomination  of  candidates  by  political  parties  as  de- 
fined in  the  act. 

Section  1  of  the  act  specifically  says  that  the  nominations  of  candidates  for 
offices  therein  specified  to  be  made  "by  all  political  parties  as  defined  in  this 
act  shall  be  made  by  means  of  a  primary  election  under  the  provisions 
hereof." 

Section  3  then  specifically  defines  what  shall  constitute  a  political  party. 

If,  therefore,  nominations  of  candidates  for  city  offices  are  not  made  by 
political  parties  as  defined  in  the  act,  it  is  my  opinion  that  the  primary  elec- 
tion law  does  not  apply. 

Section  2  of  the  primary  law  provides  that  nothing  in  the  primary  act  shall 
be  construed  to  prevent  the  nomination  of  candidates  by  petition  pursuant  to 
the  provisions  of  sections  4,  5  and  6  of  the  Australian  ballot  law.  Section  5 
of  the  Australian  ballot  law  refers  specifically  to  nomination  by  petition. 
It  provides  when  the  petition  shall  be  filed.  Section  5.,  however,  in  my  opin- 
ion, has  been  modified  by  section  2  of  the  primary  act  so  that  petitions  of 
candidates  for  office  must  be  filed  on  or  before  12  o'clock  noon  of  the  day  pre- 
vious to  the  day  fixed  for  the  primary  election  under  the  provisions  of  the 
primary  act.  That  is  to  say,  petitions  of  candidates  to  have  their  names 
placed  upon  the  official  city  ticket  must  be  filed  on  or  before  12  o'clock  noon 
of  Friday,  March  2,  1906. 

As  originally  drawn  and  introduced,  the  primary  election  bill  established 
the  county  as  the  unit,  and  provided  for  primary  elections  to  be  held  in 
counties.  As  applied  to  counties,  the  bill  was  drawn  with  the  idea  of  utiliz- 
ing, as  far  as  practicable,  the  general  election  machinery  for  the  purposes  of 
primary  elections.  With  respect  to  the  selection  of  the  judges,  the  designa- 
tion of  the  polling  places,  the  furnishing  of  necessary  election  supplies,  the 
returns  of  election,  the  canvassing  of  the  returns,  and  many  other  things  it 
followed  very  closely  the  general  election  law. 

Later,  however,  certain  provisions  were  introduced  in  order  to  make  it 
applicable  to  nomination  of  candidates  for  all  city  offices.  A  careful  study  of 
the  act  reveals  the  fact  that,  as  applied  to  cities  having  a  population  of  more 
than  1,000  inhabitants,  it  has  not  been  wholly  harmonized.  The  Legislature 
has  not  pointed  out  specifically  the  manner  of  its  enforcement. 

Section  1  provides  that  it  shall  apply  to  the  nomination  of  all  officers  of  any 
city,  village  or  incorporated  town  organized  under  any  general  or  special  act 
of  this  State,  provided  said  cities  contain  a  population  of  1,000  inhabitants. 

Section  5  provides  that  primaries  shall  be  held  in  cities  "on  the  first  Satur- 
day of  March,  in  the  years  in  which  their  officers  are  to  be  elected." 


153 

Section  8  prescribes  the  duty  of  the  city  clerk  as  to  the  preparation  of  the 
notice  of  primary  election,  and  mailing-  of  such  notice. 

Section  18  provides  that  the  city  clerk  shall  furnish  all   necessary   supplies. 

Section  20  requires  the  city  clerk  to  furnish  tally  sheets. 

Section  21  provides  that  a  candidate  for  a  city  office  shall  file  in  the  office  of 
the  city  clerk  a  statement  of  intention.  It  further  provides  that  such  candi- 
date shall  file  a  petition  containing1  at  least  5  per  cent  of  the  lawful  voters  of 
the  party  in  the  district  or  territory  in  which  he  desires  to  be  a  candidate. 

Section  25  provides  that  the  city  clerk  shall  furnish  paper  at  cost  to  any 
person  who  majT  desire  to  use  the  same  for  primarjr  election  ballots  at  his 
own  expense. 

Section  26  provides  that  the  city  clerk  shall  publicly  announce  the  color  of 
the  primary  bollot  of  the  respective  parties. 

Section  27,  paragraph  2,  prescribes  the  order  in  which  the  names  of  candi- 
dates shall  be  printed  upon  the  primary  ballot. 

Section  42  provides  for  a  certificate  of  election  for  committeeman;  and 
section  43  provides  for  the  term  of  service  of  such  committeeman. 

Section  48  provides  that  the  canvas  bag  containing  .  the  sealed  envelopes, 
etc.,  shall  be  furnished  the  primary  judges  by  the  city  clerk. 

Section  49  provides  for  the  opening  and  canvassing  of  the  returns. 

There  may  be  other  sections  which  relate  to  the  duties  of  the  city  clerk, 
and  to  primaries  as  held  in  cities,  but  the  sections  referred  to,  I  think,  com- 
prise all  of  the  sections  in  which  reference  is  made  to  the  primary  act  as  ap- 
plicable to  cities  having  a  population  of  more  than  one  thousand  inhabitants. 

So  far  as  applicable  to  the  nomination  of  candidates  for  county  offices,  in 
counties  having  a  population  of  less  than  one  hundred  and  twenty-five  thou- 
sand, the  act,  considered  as  a  whole,  is  fairly  clear.  But  as  applied  to  cities, 
it  is  incomplete  and  indefinite.  As  far  as  the  Legislature  has  gone,  it  has 
provided  that  the  nomination  of  candidates  for  city  offices  shall  be  analogous 
to  the  nomination  of  candidates  for  county  offices.  It  was,  no  doubt,  the  in- 
tention of  the  Legislature  to  provide  that  the  manner  of  conducting,  holding 
and  regulating  primary  elections  in  cities  should  be  the  same,  as  nearly  as 
may  be,  as  in  the  case  of  primary  elections  held  for  the  purpose  of  nominat- 
ing candidates  for  county  offices. 

In  my  judgment,  if  the  primary  election  law  as  applied  to  cities  is  carried 
out  with  this  idea  in  view,  and  is  carried  out  as  nearly  as  may  be  as  in  the 
case  of  primary  elections  in  counties,  then  the  legislative  will  will  be  executed. 

I  am  aware  that  this  solution  leaves  many  questions  unanswered.  They  are 
not  answered  by  the  law;  neither  are  they  answered  by  any  analogy  furnished 
by  the  law. 

The  regular  election  judges  constitute  judges  of  primary  elections.  Such 
regular  election  judges  are  appointed  by  the  county  board,  and  hold  their 
office  until  their  successors  are  appointed  and  qualified.  However,  election 
districts,  or  election  precincts,  as  the  case  may  be,  are  not  always  co-exten- 
sive with  the  wards  of  a  city.  It  could  not  have  been  the  intention  of  the 
Legislature  that  judges  of  general  elections  should  be  the  judges  of  primary 
elections  held  in  cities.  It  was,  no  doubt,  the  intention  that  the  regularly 
constituted  judges  of  city  elections  should  be  the  judges  of  primary  elections 
in  cities.  I  find  no  provision,  however,  by  which  the  judges  of  a  city  election 
hold  their  office  until  their  successors  are  appointed  and  qualified.  The  city 
council  designates  and  appoints  the  judges  and  clerks  of  each  city  election. 
This  designation  is  required  by  law  to  be  made  twenty  days  prior  to  such 
election.  If  a  special  election  becomes  necessary,  then  the  city  council  ap- 
points the  judges  for  such  special  election.  In  the  case  of  cities,  therefore, 
there  is  no  body  of  persons  in  each  ward  ready  at  all  times  to  preside  as  judges 
at  all  city  elections  held  in  such  wards.  If,  therefore,  the  judges  of  city  elec- 
tions will  act  as  judges  of  primary  elections  in  cities,  it  will  be  necessary  for 
the  city  council  to  appoint  the  judges  of  general  city  elections  before  the  firsc 
Saturday  in  March  of  this  year. 

A  further  difficulty  has  been  suggested  with  respect  to  the  nomination  of 
candidates  for  aldermen.  This  difficulty  is  not  answered  by  anything  con- 
tained in  the  primary  law. 

I  fail,  also,  to  find  that  the  date  of  the  city  convention,  if  nominations  are 
to  be  made  by  a  city  convention,  has  been  fixed. 


154 

I  can  only  repeat  what  I  stated  in  my  letter  to  Mr.  Hatch,  that  the  primary 
ballots  shall  be  paid  for  at  private  expense.  It  is  made  the  duty  of  the  city 
clerk  to  furnish  such  ballots  at  cost. 

You  refer  in  your  letter  to  section  79  of  the  primary  act,  which  provides 
for  the  fees  to  be  paid  by  the  candidates  named  therein.  It  is  my  understand- 
ing1 that  this  section  is  not  applicable  to  cities  situated  in  counties  having  a 
population  of  less  than  125.000  inhabitants.  Hence,  it  would  not  be  applica- 
ble to  a  city  of  the  size  of  Springfield. 

There  are  many  other  questions  which  might  be  asked,  and  which  are  not 
answered  by  anything  stated  in  the  primary  law.  In  applying  this  law  to 
cities,  as  above  indicated  in  this  letter,  it  will  be  necessary  for  political  par- 
ties in  such  cities  to  follow,  as  nearly  as  may  be,  the  law  as  applied  to  the 
nomination  of  candidates  for  county  offices. 

Very  respectfully, 

W.  H.  Stead, 
Attorney  General. 


155 


Note— The. following  three  primary  election  acts  were  in  force  prior  to  the  enactment  of 
the  Primary  Law  of  1905.  In  absence  of  a  judicial  decision,  this  department  will  not  under- 
take to  determine  whether  the  acts  were  wholly  repealed  by  the  act  of  1905  or  whether  they 
are  still  applicable  to  the  nomination  of  candidates  not  enumerated  in  that  act. 

James  A.  Rose, 

Secretary  of  State. 


Primary  Elections. 

Voluntary  Associations. 

An  Act  to  regulate  primary  elections  of  voluntary  political  associ- 
ations, and  to  punish  frauds  therein.     Approved  June  6,  1889. 

1.  When  Primary  Elections  to  be  Held  Under  this  Act.] 
[§  334,  Ch.  46,  K.  S.J  Be  it  enacted  by  the  People  of  the  State  of 
Illinois,  represented  in  the  General  Assembly:  That  all  elections 
hereafter  to  be  holden  by  any  voluntary  political  association  or  party, 
for  any  candidate  for  any  office,  or  for  any  delegate  or  managing 
committee,  or  for  the  nomination  of  candidates  for  public  office,  shall 
be  held  under  the  provisions  of  this  act,  whenever  any  committee  or 
body  authorized  by  the  rules  or  customs  of  such  political  association 
shall  elect  to  accept  and  act  under  such  provisions. 

2.  Desire  Must  be  Expressed  by  a  Resolution.]  [§  335,  Ch. 
46,  R.  S.]  Whenever  it  shall  be  the  desire  of  any  such  committee  or 
body,  that  such  election  shall  be  held  under  the  provisions  of  this 
act,  such  desire  and  acceptance  shall  be  expressed  by  a  resolution 
duJy  passed  by  such  committee  or  body,  which  resolution  shall  state 
that  such  election  will  be  held  under  the  provisions  of  this  act  under 
the  title  of  ''Primary  Election  Law." 

3.  Committee — Time  and  Place  of  Election.]  [§  3o6,  Ch.  46, 
R.  S.]  Said  committee  or  body  shall  fix  the  time  and  place  of  hold- 
ing such  election  and  the  hours  between  which  the  polls  are  t )  be 
kept  open,  and  the  polls  shall  in  all  cases  be  kept  open  from  1 :00  o'clock 
p.  m.  to  7:00  o'clock  p.  m.  of  the  day  on  which  the  election  is  held;  they 
shall  also  appoint  three  reputable  persons  to  act  as  judges  and  two 
reputable  persons  to  act  as  clerks  at  each  polling  place:  Provided, 
That  in  cities  and  towns  or  villages  where  there  is  a  board  of  election 
commissioners  having  jurisdiction  of  general  elections,  said  central 
or  controlling  committee  shall  select  the  judges  and  clerks  from  the 
list  of  regular  election  judges  and  clerks  in  each  ward  or  voting  dis- 
trict to  serve  at  such  primary  election  representing  the  political 
association  or  party  calling  said  primary  election.  Said  judges  and 
clerks,  together  with  the  central  committeeman  who  acted  with  the 
central  or  controlling  committee  in  calling  said  primary  election, 
shall  not  be  eligible  as  delegates,  alternates  or  proxy  at  such  primary 
election,  or  allowed  to  sit  as  such  in  any  convention,  meeting  or 
caucus  held  for  the  election  to  which  said  primary  election  or  elec- 
tions is  being  held. 


156 

4.  Notice  of  Election  Under  this  Act — What  to  Contain.] 
[§  337,  Ch.  46,  R.  S,]  At  least  ten  days  prior  to  any  such  election, 
a  notice  of  such  election  shall  be  published  in  some  newspaper  or 
newspapers  of  general  circulation  in  the  district,  ward,  precinct,  town- 
ship, city  or  county,  in  and  for  which  the  election  is  called ;  such  notice 
must  be  signed  by  the  secretary  of  the  committee  or  body  calling 
such  election,  and  must  state  the  purpose,  time,  together  with  the 
place  or  places  of  holding  such  election,  with  a  description  of  each 
primary  election  district,  and  the  three  persons  shall  be  named  therein 
who  are  appointed  for  each  polling  place  to  act  as  judges  and  two 
persons  to  act  as  clerks  of  said  election,  and  who  shall  supervise  or 
preside  at  such  election  in  the  primary  election  district  for  which 
they  are  respectively  appointed,  and  such  judges  and  clerks  shall  be 
legal  voters  and  householders  in  one  of  the  regular  election  precincts 
within  the  primary  election  district  for  which  they  are  named.  Such 
notice  shall  also  declare  that  such  election  therein  called  will  be  held 
in  pursuance  of  and  subject  to  the  provision  of  this  act,  under  the 
title  of  "Primary  Election  Law,"  and  any  election  held  in  pursuance 
of  any  notice  calling  for  an  election  under  the  "Primary  Election 
Law,"  shall  be  taken  and  deemed  to  be  an  election  under  this  law. 

5.  Judges — Clerks — Oaths — Duties— Penalty.]  [§  338,  Ch.  46, 
R.  S.]  The  persons  named  as  judges  and  clerks  of  election  in  the 
notice  required  by  section  four  of  this  act,  or  any  person  assuming  or 
chosen  to  be  such  judges  and  clerks  in  the  absence,  ref usual  or  failure 
to  act  of  any  of  the  judges  or  clerks  named  in  such  notice;  shall  first 
make  oath  or  affirmation  that  they  are  legal  voters  and  householders 
in  one  of  the  regular  election  precincts  within  the  primary  election 
district  for  which  they  were  appointed  to  serve;  that  they  will  faith- 
fully and  correctly  conduct  such  election,  protect  it  against  all  frauds 
and  unfairness,  carfully  and  truly  canvass  all  votes  cast  thereat,  and 
in  every  way  conform  to  the  provisions  of  this  act  and  of  the  notice 
for  the  election,  which  oath  may  be  administered  by  any  one  of  the 
judges,  or  by  any  person  authorized  under  the  laws  of  the  State  to 
administer  oaths.  And  if  one  or  all  of  the  judges  appointed  to  serve 
at  the  election  be  absent,  or  fail  or  refuse  to  serve  at  the  hour  ap- 
pointed for  the  election  to  begin,  then  the  electors  present,  to  the 
number  of  not  less  than  five,  possessing  the  qualifications  of  persons 
entitled  to  vote  at  said  election,  shall  choose  a  person  or  persons  to 
to  fill  any  vacancy  that  may  exist.  Any  violation  of  the  provisions 
of  this  section  shall  be  deemed  a  misdemeanor,  and  shall  subject  the 
offender,  on  conviction,  to  punishment  by  a  fine  of  not  less  than  $50, 
nor  more  than  $200,  or  by  imprisonment  in  the  county  jail  not  less 
than  one  nor  more  than  six  months,  or  by  both  such  fine  and  im- 
prisonment in  the  discretion  of  the  court. 

6.  Who  May  Vote — Commissioners — Lists — Penalty  for  Vot- 
ing Contrary  to  This  Act.]  [§  339,  Ch.  46,  R.  S.]  Every  legal 
voter  entitled  to  vote  at  regular  elections  within  any  election  pre- 
cinct, included  within  the  primary  district  of  which  he  is  a  resi- 
dent, and  who  is  a  member  of  the  political  association  or  party  hold- 
ing the  primary  election,  shall  be  entitled  to  vote  at  such  primary 
election:     Provided,  that  in  cities,  towns  or  villages,  where  there  is 


157 

a  board  of  election  commissioners  having  jurisdiction  of  general  elec- 
tions, no  person  shall  be  allowed  to  vote  unless  he  shall  be  a  member 
of  the  political  party  or  association  holding  such  primary  election, 
and  shall,  upon  demand,  give  the  judges  his  name  and  place  of  resi- 
dence, and  he  shall  state  upon  like  demand  (if  made)  that  he  has  not 
voted  at  any  other  primary  election  held  by  any  other  political  asso- 
ciation or  party  for  a  period  of  one  year  prior  to  the  date  of  the  pri- 
mary election  then  held.  He  shall  not  have  voted  at  this  or  any 
other  poll  at  any  primary  election  held  that  day,  nor  shall  he  be  al- 
lowed to  vote  unless,  in  addition  to  the  qualifications  hereinbefore 
prescribed,  he  is  a  registered  voter  in  one  of  the  election  precincts 
contained  within  the  primary  election  district  wherein  he  resides, 
and  it  shall  be  the  duty  of  the  board  of  election  commissioners  to 
furnish  and  distribute  among  the  judges  of  every  primary  election 
held  under  this  act,  complete  lists  of  the  registered  voters  in  each 
election  precinct  contained  within  their  respective  primary  election 
districts.  Any  person  who  is  not  a  member  of  the  political  associa- 
tion or  party  holding  a  primary  election,  who  votes  at  such  primary 
election,  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be  sub- 
ject, on  conviction,  to  punishment  by  a  fine  of  not  less  than  $50  nor 
more  than  $200,  or  by  imprisonment  in  the  county  jail  not  less  than 
six  months,  or  by  both  such  fine  and  imprisonment,  in  the  dis- 
cretion of  the  court:  and  in  any  prosecution  for  the  violation  of  the 
provisions  of  this  act,  wherein  the  fact  as  to  the  political  party  or 
association  to  which  the  defendant  belongs  is  material,  such  mem- 
bership may  be  shown  by  evidence  of  general  reputation  in  the 
neighborhood  where  said  defendant  resided  at  the  time  of  committing 
the  alleged  offense  as  to  the  political  party  or  association  to  which 
he  belonged. 

7.  Committee  to  Divide  District — Number  of  Voters  in. J 
[§  340.  Ch.  46,  R.  S.]  The  committee  or  body  electing  to  hold  a 
primary  election  under  this  act  shall  divide  the  district,  ward,  town- 
ship, city,  town  or  village  into  primary  election  districts.  Such 
primary  election  districts  shall  be  formed  of  contiguous  election  pre- 
cincts in  as  nearly  compact  form  and  as  nearly  equal  as  circum- 
stances will  permit;  and  no  such  primary  election  district  shall  be 
formed  which  shall  contain  more  than  800  voters  of  the  political  as- 
sociation or  party  holding  the  primary  election,  the  number  of  such 
voters  to  be  determined  by  the  vote  cast  at  the  last  preceding  presi- 
dential election.  At  any  primary  election  held  under  this  act,  the 
voters  of  each  of  such  primary  election  districts  entitled  to  vote  at 
such  election  shall  choose  their  own  representatives  or  delegates. 

8.  Judges  May  Hear  Objections-^Oath — Registered  Voter 
-Challenge- Penalty.]  [§  341,  Ch.  46,  R.  S.]  It  shall  be  the 
duty  of  the  judges  of  said  election  to  entertain  objections  made  by 
any  qualified  elector  within  his  own  primary  election  district,  to  any 
vote  which  may  be  offered  on  the  ground  that  the  person  offering  it 
is  not  a  citizen  of  the  United  States,  or  a  legal  resident  and  voter 
under  the  general  election  laws  of  the  State,  of  the  election  precinct, 
ward,  township,  district,  city,  town  or  village  for  which  the  election 
is  held;  or  that  he  is  not  a  member  of  the  association  or  party  hold- 


158 

ing  such  election,  or  in  case  such  person  offering  to  vote  should  be 
registered  by  the  terms  of  this  act,  that  he  is  not  a  registered  voter, 
or  that  he  has  received  or  been  promised,  directly  or  indirectly,  any 
money,  fee  or  reward  for  his  vote  for  any  candidate,  or  that  he  has 
voted  before  at  that  place  or  some  other  place  on  that  day,  or  at  the 
same  election;  and  it  shall  be  the  duty  of  one  of.  the  judges  of  the 
election,  if  such  objection  be  not  withdrawn,  to  administer  to  the 
person  so  offering  to  vote,  an  oath  or  affirmation  to  the  general  effect 
that  he  will  truly  testify  to  all  matters  relating  to  his  qualifications 
under  the  general  election  laws  of  the  State,  to  his  residence,  citizen- 
ship, the  political  party  or  association  to  which  he  belongs,  receiving 
or  being  promised,  directly  or  indirectly,  any  money,  fee  or  reward 
for  his  vote  from  any  candidate  or  any  other  person,  or  whether  he 
has  voted  at  that  or  any  other  place  on  that  day  at  such  election, 
either  in  his  own  name  or  that  of  another,  or  under  an  assumed 
name.  It  shall  then  be  the  duty  of  the  judges  to  interrogate  the 
person  so  objected  to  as  to  all  matters  in  particular  upon  which 
said  objection  was  made,  and  generally,  as  to  all  of  his  qualifications 
as  an  elector  at  such  election.  If  the  person  so  objected 
to  shall  refuse  to  answer  any  questions  asked,  after  said  oath  or 
affirmation  shall  have  been  administered,  or  shall  refuse  to  take 
such  oath,  it  shall  be  the  duty  of  the  judges  to  reject  such  vote,  and 
they  shall  also  reject  such  vote  unless  such  person  shall  file  with  them  a 
written  or  printed,  or  partly  written  or  printed  statement,  by  him 
signed  under  oath  that  he  is  a  qualified  voter  of  the  election  district 
in  which  such  election  is  held,  and  entitled  to  vote  at  such  election; 
and  unless  such  statement  shall  be  accompanied  by  a  similar  state- 
ment of  some  person  known  to  at  least  one  of  the  judges  to  be  a 
qualified  voter  in  that  district,  to  the  effect  that  he  knows  the  person 
so  challenged,  and  that  his  statement  is  true,  which  said  last 
statement  must  also  be  subscribed  by  the  party  making  it.  Such 
statement  must  in  all  cases,  expressly  state  that  the  person  making  it 
is  a  member  of  the  political  association  or  party  holding  the  election. 
If  such  statement  shall  be  filed  and  such  oath  be  taken,  and  such 
questions  answered  in  such  a  manner  as  to  show  that  the  applicant  is 
qualified  to  vote  at  such  election,  it  shall  be  the  duty  of  the  judges  of 
the  election  to  receive  such  vote,  and  the  word  "sworn1"  shall  be 
noted  opposite  the  person's  name  on  the  poll  lists  to  be  kept  as  here- 
inafter provided.  Any  violations  of  the  provisions  of  this  section  by 
the  judges  of  the  election,  or  either  of  them,  shall  be  deemed  a 
misdemeanor,  and,  upon  conviction,  shall  subject  the  party  so 
offending  to  punishment  by  a  fine  of  not  less  than  $100  nor 
more  than  $300,  or  by  imprisonment  in  the  county  jail  for 
not  less  than  two  nor  more  than  six  months,  or  by  both  such  fine  and 
imprisonment,  in  the  discretion  of  the  court;  and  any  person  who 
shall,  upon  taking  such  oath  or  affirmation,  and  under  the  examina- 
tion herein  authorized,  or  in  the  written  statements  herein  required, 
wilfully  make  a  false  statement  as  to  a  matter  pertinent  and  material 
in  such  examination,  shall  be  deemed  guilty  of  a  perjury,  and  upon 
conviction  thereof,  be  punished  as  prescribed  by  law  for  such  offense. 


159 

9.  Fradulent  Voting — Bribery — Corrupt  Practices,  Etc. — 
Penalty  for  Violating  Act.]  [§  342,  Ch.  46,  K.  S.]  Whoever 
fraudulently  votes  more  than  once  at  any  primary  election,  or  offers 
to  vote  after  having  voted  once  at  such  election,  or  knowing  that  he 
is  not  a  qualified  voter  at  such  election,  wilfully  votes  or  offers  to  vote 
at  such  election;  or 

Second — Wilfully  aids  or  abets  any  one  not  qualified  to  vote  at  such 
primary  election  in  voting  or  attempting  to  vote  at  such  election;  or, 

Third — By  offering  a  reward  or  bribe,  or  by  treating  or  giving  to 
him  any  spirituous,  malt  or  other  liquors,  either  directly  or  indr- 
rectly,  influences,  or  attempts  to  influence,  any  voter  in  giving  or 
withholding  his  vote  at  such  election;  or, 

Fourth — Furnishes  a  voter  with  a  ticket  or  ballot  informing  him 
that  it  contains  a  name  or  names  different  from  those  which  appear 
thereon,  with  the  intent  to  induce  him  to  vote  contrary  to  his  inten- 
tions; or 

Fifth — Fraudulently  or  deceitfully  changes  a  ballot  of  a  voter  with 
intent  to  prevent  such  voter  from  voting  for  such  person  as  he  in- 
tended ;  or. 

Sixth — Endeavors  to  prevent  the  voting  of  any  voter,  or  the  exer- 
cise of  lawful  influence  by  any  person  over  a  voter  at  such  election  for 
himself  or  for  or  against  any  person,  by  means  of  violence  or  threats 
of  violence,  or  threats  of  withdrawing  custom  or  dealing  in  business 
or  trade,  or  enforcing  the  payment  of  a  debt  or  bringing  a  suit  or 
criminal  prosecution,  or  any  other  threat  of  injury  to  be  inflicted  by 
him  or  by  such  means ;  or. 

Seventh — By  bribery  or  corrupt  or  unlawful  means  prevents  or 
attempts  to  prevent  any  voter  from  attending  or  voting  at  such  elec- 
tion; or, 

Eighth — Gives  or  offers  to  give  any  valuable  thing  or  bribe  to  any 
judge  or  clerk  of  such  election,  as  a  consideration  for  some  act  to  be 
done  or  omitted  to  be  done  contrary  to  his  duty  in  relation  to  such 
election,  or  shall  interfere  with  or  disturb  in  any  manner  any  election 
held  under  the  provisions  of  this  act,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  on  conviction  thereof,  shall  be  punished  by  a  fine  not 
exceeding  $500,  or  by  imprisonment  in  the  county  jail  not  less  than 
two  nor  more  than  six  months,£or  both  such  fine  and  imprisonment, 
in  the  discretion  of  the  court. 

10.  Qualifications  of  Voters.]  [§  343,  Ch.  46,  R.  S.]  The 
judges  of  such  primary  election  or~[elections  shall  not  require  any 
other  or  further  qualifications  of  voters  at  such  primary  election  than 
those  provided  in  this  act,  and  they  shall  permit  a  challenger  for  each 
adverse  interest  or  party  in  the  result  of  such  primary  election  to  be 
and  remain  within  each  polling  place  where  such  primary  election  is 
being  held,  and  give  ample  time  and  opportunity  to  any  challenger 
or  any  other  person  to  challenge  each  vote  as  the  same  is  presented; 
said  challengers  shall  be  residents  of  the  primary  districts  for  which 
they  are  chosen.  The  poll  list  shall  contain  the  name  of  each  voter 
with  his  residence  in  the  order  which  the  votes  were  cast,  and  the 


160 

judges  and  clerks  shall  see  to  it  that  the  ballot  cast  by  each  voter 
shall  receive  the  same  number  that  is  entered  opposite  the  name  of 
such  voter  on  such  poll  list  in  the  order  of  and  as  the  votes  are  cast. 
11.  Form  of  Poll  and  Tally,  Lists.]  [§  344,  Ch.  46,  R.  S.] 
The  following  is  substantially  the  form  of  the  poll  lists  and  tally  lists 
to  be  kept  by  the  judges  of  election: 

POLL    LIST 

Of  the  primary  election  held  in  the primary  election 

district  of  the ward  of in  the  county  of 

on  the day  of in  the  year ;  AB,CD  and 

E  F,  judges,  and  A  B  and  C  D,  clerks  of  said election,  were 

respectively  sworn  (or  affirmed)  as  the  law  directs  previous  to  their 
entering  on  the  duties  of  their  respective  offices. 

Number  and  name  of  electors  voting: 


No.  Name  and  residence. 

1.  AB. 

2.  CD. 


No.         Name  and  residence. 

3.  EF. 

4.  GH. 


We  hereby  certify  that  the  number  of  electors  voting  at  this  elec- 
tion is . '. 

AB,  AB, 

CD,  CD, 

Clerks.  E  F, 

Judges  of  Election. 

TALLY    LIST. 

Names  of  persons  voted  for,  and  for  what  position,  and  number  of 
votes  given  for  each  candidate. 

We  hereby  certify  that  A  B  had votes  for 

and  C  D  had votes  for ,  that  E  F  had 

votes  for etc. 

A  B,  A  B, 

CD,  CD, 

Clerks.  E  F, 

Judges  of  Election. 

12.  Oaths.1  [§  345,  Ch.  46,  R.  S.]  Any  one  of  the  judges  may 
administer  and  certify  oaths  required  to  be  administered  during  the 
progress  of  an  election  held  under  this  act. 

13.  How  Ballots  Printed.]  [§  346,  Ch.  46,  R.  S.J  When  the 
primary  election  is  held  for  the  election  of  delegates  the  ballots  shall 
be  written  or  printed,  or  partly  written  and  partly  printed,  and  when 
printed  or  partly  printed  and  partly  written  they  shall  be  upon  plain 
white  paper  without  distinguishing  marks,  the  paper  to  be  common 
print  paper  and  the  ballots  to  be  3|  by  6  inches  in  size. 

14.  Ballot  Box— How  Kept.]  [§  347,  Ch.  46,  R.  S.]  Before 
receiving  any  ballots  the  board  must,  in  the  presence  of  the  persons 


161 

assembled  at  the  polling  place,  open  and  exhibit  and  then  close  the 
ballot  box;  and  thereafter  it  must  not  be  removed  from  the  polling 
place,  nor  the  view  of  the  by-standers,  until  all  the  ballots  are  counted, 
nor  must  it  be  opened  until  after  the  polls  are  finally  closed. 

15.  Proclamation.]  [§  348,  Ch.  46,  R.  S.]  Before  the.  judges 
receive  any  ballots  they  must  cause  it  to  be  proclaimed  aloud,  at  the 
place  of  election,  that  the  polls  are  open. 

16.  Closing  the  Polls.]  [§  349,  Ch.46,R.  S.]  Fifteen  minutes 
before  the  time  when  the  polls  are  to  be  closed  the  fact  must  be  pro- 
claimed aloud,  at  the  place  of  election,  and  after  the  polls  are  closed 
no  ballots  must  be  received. 

17.  Canvass— How  Made.]  [§  350,  Ch.  46,  R.  S.]  As  soon  as 
the  polls  are  finally  closed  the  judges  and  clerks  must  immediately 
proceed  to  canvass  the  votes  given  at  such  election.  The  canvass 
must  be  public,  in  the  presence  of  the  bystanders,  and  must  be  con- 
tinued without  adjournment  until  completed,  and  the  result  thereof 
is  declared,,  and  must  also  be  conducted  at  the  polling  place  where 
the  election  is  held,  where,  also,  the  result  as  to  each  candidate  voted 
for  must  be,  immediately  on  the  completion  of  such  canvass,  publicly 
proclaimed  by  each  one  of  the  judges  successively,  in  a  loud  voice, 
and  such  proclamation  shall  be  prima  facie  evidence  of  the  result. 

18.  Judges  Conducting  the  Canvass.]  [§  351,  Ch.  46,  R.  S.]  In 
conducting  the  canvass,  the  judges  shall  first  count  the  whole  number 
of  ballots  in  the  box,  and  if  the  number  of  such  ballots  shall  be  found 
to  exceed  the  number  of  names  entered  on  the  polling  lists  they  shall 
reject  the  ballots,  if  any  be  found,  upon  which  no  number  is  marked, 
or  so  many  thereof,  without  opening  the  same  or  examining  or  look- 
ing at  the  names  thereon,  as  may  be  necessary  to  make  the  number 
of  ballots  correspond  to  the  number  of  names  entered  on  the  polling 
lists,  but  if  the  number  of  ballots,  after  rejecting  all  the  unnumbered 
ballots,  still  exceeds  the  number  of  names  entered  on  the  polling 
lists,  they  shall  be  replaced  in  the  box,  and  one  of  the  judges  shall 
publicly  draw  out  and  destroy  so  many  ballots,  unopened,  and  with- 
out examining  them,  as  shall  be  equal  to  such  excess. 

19.  Lists— How  Made.]  [§  352,  Ch.  46,  R.  S.]  The  number  of 
ballots  agreeing,  or  being  thus  made  to  agree,  with  the  number  of 
names  on  the  list,  the  list  must  be  signed  by  the  judges  and  clerks  of 
election,  and  the  number  of  names  thereon  must  be  set  down  in  words 
and  figures  at  the  foot  of  each  list,  and  over  the  signatures  of  the 
judges,  substantially  in  the  form  prescribed  in  section  11. 

20.  After  Lists  Signed,  Judges  to  Count  the  Votes.]  [§  353, 
Ch.  46,  R.  S.]  After  the  lists  are  thus  signed,  the  judges  must  pro- 
ceed to  count  and  ascertain  the  number  of  votes  cast  for  each  person 
voted  for.  The  ballots  must  be  taken  out  and  opened  by  one  of  the 
judges,  and  by  him  distinctly  read  aloud  and  inspected  by  the  other 
two  judges. 


he  l 


162 

21.  Tallies— How  Made.]  [§  354,  Ch.  46,  R.  S.]  The  clerks 
must  write  down  each  office  or  position  to  be  filled,  and  the  name  of 
each  person  voted  for  to  fill  such  office,  and  keep  the  number  of  votes 
for  each  person  for  each  office  by  tallies  as  they  are  read  aloud. 

22.  Lists  to  be  Signed  by  Judges.]  [§  855,  Ch.  46,  R.  S.j  As 
soon  as  all  the  votes  are  counted,  there  must  be  attached  to  the  tally 
lists,  lists  containing  the  names  of  the  persons  voted  for  and  for 
what  office,  and  the  number  of  votes  given  for  each  candidate,  the 
number  being  written  at  full  length,  and  such  lists  must  be  signed  by 
the  judges  and  clerks  substantially  in  the  form  given  in  section  11. 

23.  To  Destroy  the  Ballots — Statements  and  Lists  to  be 
Filed  With  County  Clerk.]  [§  356,  Ch.  46,  R.  S.]  After  count- 
ing the  vqtes,  proclaiming  the  result  and  signing  the  lists,  as  above 
provided,  and  cause  the  statements  provided  for  in  section  8,  and 
one  copy  of  the  lists  to  be  delivered  to  the  secretary  signing  the 
notice  of  election,  and  one  of  the  judges  must  retain  the  other  lists 
together  with  the  ballots,  for  twenty  days  after  the  election,  and  such 
statements  and  lists  returned  to  the  said  secretary,  shall' be  by  him, 
after  the  expiration  of  twenty  days,  delivered  to  the  county  clerk  of 
the  county  in  which  such  election  was  held,  and  by  that  officer  kept 
with  the  other  books  and  papers  of  his  office,  open  like  other  public 
records  to  public  inspection,  for  the  space  of  three  months,  at  the  end 
of  which  time,  if  no  legal  proceedings  have  been  instituted,  in  which 
such  lists  or  statements  may  be  useful  as  evidence,  said  county  clerk 
may  then  destroy  the  same. 

24.  Certificates  to  be  Issued.]  [§  357,  Ch.  46,  R.  S.]  The 
primary  election  judges  or  a  majority  of  them  must  issue  certificates 
of  election  to  all  persons  who  are  chosen  to  fill  any  position  by  the 
vote  of  their  primary  election  district. 

25.  Penalty  for  Violating  This  Act.]  [§  358,  Ch.  46,  R.  S.] 
If  any  person  shall  be  guilty  of  any  violation  of  this  act,  for  which 
no  punishment  is  herein  especially  provided,  he  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined 
no  less  than  $50  nor  more  than  $200,  or  imprisoned  in  the  county 
jail  not  less  than  one  month  nor  more  than  six  months,  or  punished 
by  both  such  fine  and  imprisonment,  in  the  discretion  of  the  court. 

26.  Who  May  Vote.]  [§  360,  Ch.46,  R.  S.]  It  shall  be  unlawful 
for  any  person  to  vote  at  any  primary  election,  or  at  any  election 
called  to  select  delegates  to  any  convention,  called  either  for  the  pur- 
pose of  nominating  a  candidate  or  candidates  for  any  elective  office,  or 
for  the  purpose  of  selecting  other  delegates  to  such  convention,  unless 
such  person  so  voting,  or  offering  to  vote,  would  be  a  qualified  elector 
in  the  district  embraced  within  the  call  for  said  primary  election,  if 
the  same  was  a  general  or  special  election,  held  under  and  in  con- 
formity with  the  general  election  laws  of  this  State. 

27.  Violating  Act— Penalty.]  [§  361,  Ch.  46,  R.  S.]  Any  per- 
son violating  the  provisions  of  this  act,  shall,  on  conviction  thereof. 
be  fined  in  any  sum  not  less  than  $100  nor  more  than  $500,  or  im- 
prisoned in  the  county  jail  not  less  than  three  nor  more  than  six 
months,  or  both,  in  the  discretion  of  the  Court. 


lm 

PRIMARY  ELECTIONS 

Optional  in  Counties  of  Less  Than  125,000. 

An  Act  providing  for  primary  elections  of  delegates  to  nominating 
conventions  of  political  parties  or  organizations,  and  to  provide 
for  the  purity  thereof.     Approved  April  24,  1899. 

28.  To  What  Counties  This  Act  Applies.]  [§  362,  Ch.  46, 
R.  S.]  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly :  That  in  all  counties  having  a 
population  of  less  than  125,000,  as  shown  by  the  last  federal  census, 
incorporated  cities,  towns  or  villages,  the  primary  election  for  dele- 
gates to  constitute  the  various  conventions  of  the  different  political 
parties  or  organizations  held  to  nominate  candidates  for  public  office 
in  this  State,  or  any  part  thereof,  or  for  Congress  of  the  United 
States,  shall  be  chosen  in  the  manner  provided  in  this  act :  Provided, 
said  act  be  adopted  as  hereinafter  provided. 

29.  What  Organization  May  Hold— Time.]  [§  368,  Ch.  46,  R. 
S.]  Any  political  party  or  organization  which  at  the  last  general 
election  in  this  State  polled  at  least  25  per  cent  of  the  entire  vote 
cast  in  such  county,  incorporated  city,  town  or  village,  shall  be  en- 
titled under  this  act  to  hold  one  primary  election  on  a  day  not  less 
than  thirty  days  preceding  any  regular  spring  election,  also  not  less 
than  thirty  days  preceding  any  regular  November  election. 

30.  Primary  Election  District.]  [§  364,  Ch.  46,  R.  S.]  For 
the  purpose  of  primary  elections  under  this  act,  each  township  in 
counties  under  township  organization,  and  each  election  precinct  in 
counties  not  under  township  organization  may  constitute  a  primary 
election  district,  or  each  ward  of  incorporated  cities,  towns  and  vil- 
lages may  constitute  a  primary  election- district. 

31.  Polling  Place — Selling  Liquor — Penalty.]  [§  365,  Ch. 
46,  R.  S.]  The  polling  place  for  each  district  shall  be  as  near  the 
center  of  population  as  practicable,  but  no  building  shall  be  desig- 
nated or  used  as  such  polling  place  in  which  spirituous  or  intoxicat- 
ing liquors  are  sold,  nor  within  100  feet  of  such  place.  Any  person 
who  knowingly  names  a  voting  place  in  violation  of  this  section  shall 
be  guilty  of  a  misdemeanor,  and,  on  conviction  thereof,  shall  be  fined 
not  less  than  one  hundred  dollars  ($100),  nor  more  than  two  hun- 
dred dollars  ($200),  or  imprisoned  not  to  exceed  one  year  in  the  county 
jail,  in  the  discretion  of  the  court. 

32.  Primary  Election  Districts — Selection  of  Judges  and 
Clerks— Qualifications  of.]  [§  366,  Ch.  46,  R.  S.]  The  board  of 
supervisors  in  counties  having  township  organization,  or  county  com- 
missioners in  counties  not  under  township  organization,  shall  estab- 
lish such  primary  election  districts  and  such  polling  places,  which 
shall  be  the  same  for  all  political  parties  according  to  this  act.  In 
default  of  such  supervisors  or  county  commissioners  designating 
such  districts  they  shall  be  designated  by  the  county  judge  of  such 
county.     The   executive  committee  of  such  political  party,  entitled 


164 

under  this  act,  shall  designate  three  judges  (two  of  whom  shall  act 
as  clerks)  of  their  own  political  party,  for  each  district,  who  are  resi- 
dents of  such  districts  and  legal  voters  therein. 

33.  Notice  of;  Primary  Election — What  to  Contain — Ballot 
Box — Booths— Ballots— Mode  of  Voting — Official  Ballot- 
Names  of  Candidates — Ballots  of  Instruction.]  [§  376,  Ch.  46, 
R.  S.]  At  least  ten  days  before  the  primary  election  day,  designated 
as  aforesaid  by  such  political  party,  it  shall  be  the  duty  of  the  county 
clerk,  or  clerk  of  any  incorporated  city,  town  or  village,  upon  the  ap- 
plication of  any  political  party  as  aforesaid,  to  give  notice  of  such 
primary  election.  Such  notice  shall  give  the  name  of  the  political 
party,  the  time  the  primaries  are  to  be  held,  and  the  location  of  the 
polling  place  for  each  district.  Such  notice  shall  be  published  in 
some  newspaper  published  in  the  territory  where  such  primary  elec- 
tion is  held,  if  there  be  one,  and  in  such  newspaper  as  shall  be  des- 
ignated by  the  political  party  holding  the  primary  election.  The 
county  clerk,  or  such  other  party  having  charge  of  the  ballot  boxes 
and  booths,  shall,  when  demanded,  deliver  to  the  judge  of  each  elec- 
tion precinct  within  two  days  of  such  election  one  ballot  box  and  key 
and  the  necessary  booths  to  hold  such  election  under  the  general  laws 
of  the  State.  Said  judges  shall  receipt  for  them  and  return  them  to 
their  proper  place  after  the  election  is  over. 

The  county  clerk,  or  clerk  of  any  incorporated  city,  town  or  vil- 
lage, shall  furnish  the  judges  of  each  primary  district  a  sufficient 
number  of  ballots  on  white  paper  and  of  the  same  size,  to  contain 
the  names  of  all  the  candidates  to  come  before  the  nominating  con- 
vention, and  the  office  for  which  they  seek  a  nomination.  The  voter 
shall  mark  a  cross  before  the  name  of  the  candidate  of  his  choice  for 
each  of  the  offices  to  be  tilled,  and  each  candidate  shall  receive  his 
pro  rata  of  votes  cast  in  each  district  in  the  nominating  convention 
for  two  ballots. 

Any  legal  voter  who  will  have  a  right  to  vote  at  a  primary  election 
held  under  this  act,  may  have  his  name  appear  on  the  official  ballot 
for  the  nomination  of  any  office  to  be  filled  at  the  election  for  which 
these  primaries  are  held. 

The  names  of  all  persons  who  desire  to  have  their  names  printed 
on  the  ballot  as  candidates  shall  be  reported  to  the  county  clerk  or 
clerk  of  the  incorporated  city,  town  or  village,  as  the  case  may  be, 
not  less  than  five  days  prior  to  the  day  on  which  such  primary  elec- 
tion shall  be  held. 

The  county  clerk,  or  clerk  of  the  incorporated  city,  town  or  village, 
shall  stamp  or  print  on  the  back  of  each  ballot  a  fac  simile  of  his 
name,  officially,  together  with  the  words  "official  ballot,"  and  no  bal- 
lots shall  be  counted  which  do  not  contain  the  above  marks. 

Besides  the  official  ballots,  the  county  clerk,  or  clerk  of  any  incor- 
porated city,  town  or  village,  shall  cause  to  be  printed  on  colored 
paper  ballots  of  instructions,  containing  all  the  names  and  arrange- 
ment of  the  legal  ballot;  a  reasonable  number  to  be  given  to  the 
judges  of  each  district,  who  shall  distribute  them  among  the  voters 
at  their  polling  places,  the  same  to  be  tacked  up  in  a  conspicuous 
place,  easy  of  access. 


165 

The  judges  shall  receipt  to  the  county  clerk,  or  clerk  of  any  incor- 
porated city,  town  or  village,  for  the  number  of  ballots  received,  and 
return  all  ballots  not  used.  They  shall  account  for  all  ballots  not 
returned,  and  if  they  fail  to  account  for  the  same  they  shall  be  guilty 
of  a  misdemeanor,  and  on  conviction  thereof  shall  be  fined  not  less 
than  one  hundred  dollars  ($100.00)  nor  more  than  two  hundred  dol- 
lars ($200.00)  or  be  imprisoned  not  to  exceed  one  year  in  the  county 
jail,  in  the  discretion  of  the  court. 

34.  How  Delegates  Selected.]  [§368,  Ch.46,  K.  S.]  The  selec- 
tion of  delegates  to  all  nominating  conventions  shall  be  made  in  the 
following  manner:  The  requisite  number  of  delegates  to  which  each 
precinct,  ward  or  district  is  entitled  shall  first  be  determined,  and  a 
like  number  of  black  lines  placed  on  each  ballot.  Names  of  candi- 
dates, delegates  and  alternates  who  may  be  certified  as  such  to  the 
county  clerk  seven  days  prior  to  the  holding  of  such  primary  election 
by  the  chairman  and  secreta^  of  the  city,  township  or  county  central 
committee  of  the  party  holding  such  primary  election,  shall  be  printed 
upon  the  official  ballot.  The  voter,  while  in  the  booth,  may  write  or 
paste  on  the  blank  lines  provided  on  the  ballot  the  requisite  number 
of  names  of  persons  of  his  choice,  to  act  as  delegates;  or  make  a  cross 
opposite  the  name  of  the  delegates  of  his  choice  printed  on  the  ticket; 
and  the  requisite  number  of  persons  for  delegates  receiving  the  high- 
est number  of  votes  cast  shall  constitute  the  delegates  from  such  pre- 
cinct, ward  or  district  to  the  nominating  convention  thereof,  and  the 
requisite  number  receiving  the  next  highest  number  of  votes  cast  shall 
constitute  the  alternates. 

The  polls  shall  be  opened  at  12:00  o'clock  m.  on  the  day  of  election 
and  close  at  7:00  o'clock  p.  m.,  on  the  same  day,  except  in  rural  dis- 
tricts, where  they  may  close  at  5:00  o'clock  p.  m.:  Provided,  they  so 
specify  in  the  call  for  such  election. 

35.  Failure  of  Judge  to  Appear.]  [§  369,  Ch.  46,  R.  S.]  If 
any  judge  who  has  been  appointed  shall  fail  to  appear  within  15 
minutes  after  the  time  for  opening  the  polls,  the  bystanders  of  the 
political  party  holding  the  primary  election  shall  fill  such  vacancy. 

36.  What  Law  Governs.]  [§  370,  Ch.  46,  R.  S.]  The  voter  shall 
receive  his  ballot  from  one  of  the  judges,  and  the  same  law  governing 
the  voting  at  any  general  election  shall  govern  the  voting  at  a  pri- 
mary election. 

37.  Who  May  Vote  at  Primary.]  [§  371,  Ch.  46,  R.  S.]  No 
person  shall  be  allowed  to  vote  at  any  primary  election  except  he  be  a 
citizen  of  the  State  and  a  resident  of  the  district  in  which  he  desires 
to  vote,  and  must  have  voted  with  said  party  at  the  last  general  elec- 
tion holding  a  primary  election,  except  he  be  a  first  voter;  nor  shall 
any  person  vote  more  than  one  time,  or  at  any  other  than  at  the  poll- 
ing place  in  the  district  wherein  he  resides. 

Any  person  who  shall  violate  the  provisions  of  this  section  shall 
be  fined  not  less  than  one  hundred  dollars  ($100)  nor  more  than  three 
hundred  dollars  ($300),  or  imprisoned  in  the  penitentiary  for  one 
year  or  both  in  the  discretion  of  the  court. 


166 

38.  Bribery—Penalty.]  [§  372,  Ch.  46,  R.  S.]  Any  person  who 
shall  bribe,  or  attempt  to  bribe,  any  voter  by  offering  money  or  other 
valuable  thing,  or  promising  a  position  to  a  voter  to  get  him  to  vote 
for  or  against  any  particular  candidate,  or  any  voter  who  shall  receive 
any  bribe  as  aforesaid,  shall  each  be  guilty  of  a  misdemeanor,  and  on 
conviction  shall  be  fined  not  less  than  one  hundred  dollars  ($100), 
nor  more  than  five  hundred  dollars  ($500),  or  imprisoned  in  the 
penitentiary  for  one  year,  in  the  discretion  of  the  court. 

39.  Fees— Poll  Books  and  Tally  Sheets.]  [§  373,  Ch.  46,  R. 
S.]  The  judges  of  such  election  shall  each  receive  $1.50  per  day  for 
their  services. 

The  county  clerk,  or  clerk  of  an  incorporated  city,  town  or  village, 
shall  furnish  the  judges  all  poll  books,  tally  sheets  and  other  neces- 
saries to  carry  out  the  provisions  of  this  act. 

The  expenses  of  conducting  such  primary  elections  shall  be  paid 
by  the  county,  incorporated  city,  town  or  village  in  which  such  pri- 
mary election  is  held. 

All  bills  shall  be  audited  by  the  county  clerk,  or  clerk  of  the  in- 
corporated city,  town  or  village,  and  he  shall  issue  his  warrant  on  the 
proper  treasurer  for  the  amount  due. 

40.  Delegate  Failing  to  Attend  Convention.]  [§  374,  Ch.  46, 
R.  S.]  Whenever  any  delegate  who  has  been  elected  to  a  nominat- 
ing convention  shall  not  attend,  the  remaining  delegates  shall  fill  the 
vacancy  from  among  the  alternates  elected  from  each  district,  and  if 
others  are  required  they  may  elect  any  legal  voters  of  the  same  po- 
litical party  residing  in  the  same  district. 

41.  At  the  Opening  of  Polls  Ballot  Box  to  be  Shown.] 
[§  375,  Ch.  46,  R.  S.]  Before  the  voting  begins  the  ballot  box  shall 
be  shown  to  those  present  to  be  empty,  then  locked  and  the  key 
given  to  one  of  the  judges,  who  shall  not  allow  it  to  be  opened  again 
until  the  polls  are  closed,  and  said  ballot  box  shall  be  kept  contin- 
ually in  view.  Each  clerk  shall  keep  a  pollbook,  the  same  as  in  gen- 
eral elections  and  the  certificate  thereon  shall  be  the  same. 

42.  Power  of  Judges.]  [§  376,  Ch.  46,  R.  S.]  Any  person  may 
be  sworn  by  one  of  the  judges  of  election  and  examined  under  oath 
and  the  judges  shall  decide  whether  or  not  he  is  entitled  to  vote  at 
said  primary  election. 

The  judges  shall  have  authority  to  keep  the  peace,  and  it  shall  be 
the  duty  of  all  officers  of  the  law  present  to  obey  the  orders  of  the 
judges  of  election,  and  the  officer  making  the  arrest  shall  be  pro- 
tected the  same  as  if  a  warrant  had  been  issued  to  him  to  make  the 
arrest. 

43.  Canvass  of  Votes — Neglect  of  Duty  by  Judges — Penalty.] 
[§  377,  Ch.  46,  R.  S.]  Immediately  on  the  closing  of  the  polls  the 
judges  of  the  election  shall  proceed  to  count  the  ballots  and  canvass 
the  votes  polled,  and  upon  the  completion  thereof  the  judges  shall 
declare  the  result.  They  shall  make  one  certificate  of  the  same  and 
attach  it  to  the  pollbook,  and  send  another  in  a  sealed  envelope  to  the 
executive  committee  holding  the  primary  election. 


167 

All  judges  of  such  election  who  knowingly  neglect  or  refuse  to  do 
their  duty  as  such  officers  shall  be  guilty  of  a  misdemeanor,  and  on 
conviction  thereof  shall  be  fined  not  less  than  fifty  dollars  ($50),  nor 
more  than  five  hundred  dollars  ($500),  in  the  discretion  of  the  court. 

It  shall  be  the  duty  of  the  county  clerk  or  clerk  of  the  incorporated 
city,  town  or  village,  to  aid  the  State's  attorney  with  such  evidence  as 
he  may  have  in  his  office  to  prosecute  all  offences  under  this  act. 

44.  Repeal.]  [§  378,  Ch.  46,  R.  S.j  All  laws  and  parts  of  laws 
inconsistent  with  this  act  are  hereby  repealed. 

45.  How  This  Act  May  Be  Adopted  by  Electors  of  Any 
County,  Etc.]  [379,  Ch.  46,  R.  S.]  The  electors  of  any  county,  in- 
corporated city,  town  or  village  may  adopt  this  act  in  the  following 
manner: 

Whenever  50  per  cent  of  the  legal  voters  of  such  county,  incorpor- 
ated city,  town  or  village,  shall  petition  the  county  judge  to  submit 
the  proposition  whether  or  not  the  electors  thereof  shall  adopt  this 
act  it  shall  be  the  duty  of  such  county  judge  to  submit  such  propo- 
sition at  the  next  election  of  any  county,  incorporated  city,  town  or 
village,  or  State. 

The  proposition  so  to  be  voted  for  shall  be  on  a  separate  ballot  in 
plain,  prominent  type,  and  be  prepared  and  provided  for  that  purpose 
in  the  same  manner  as  other  ballots;  (For  adopting  the  act  for  pri- 
mary election  of  political  parties  in  counties  having  a  population  of 
less  than  125,000  inhabitants,  Yes  or  No.). 

If  a  majority  of  the  votes  cast  shall  be  for  such  proposition  the  act 
shall  be  adopted,  and  the  county  judge  shall  enter  of  record  an  order 
declaring  this  act  in  force  in  such  county,  incorporated  city,  town  or 
village:  Provided,  this  act  shall  not  apply  to  counties  having  a 
population  of  125,000  or  over  as  ascertained  by  the  last  federal  census. 

Provided,  if  any  county,  incorporated  city,  town  or  village  shall 
adopt  the  provisions  of  this  act  it  shall  work  a  repeal  of  all  laws  or 
parts  of  laws  conflicting  herewith. 


168 

Primaey  Elections. 

Compulsory  in  Counties   of  125,000  or   Over—Optional  in   Other 

Counties. 

An  Act  to  amend  an  act  entitled,  "An  act  providing  for  primary 
elections  of  delegates  to  nominating  conventions  of  political  parties 
or  organizations,  and  to  promote  the  purity  thereof  by  regulating 
the  conduct  thereof,  and  to  support  the  privileges  of  free  suffrage 
thereat  by  prohibiting  certain  acts  and  practices  in  relation  there- 
to, and  providing  for  the  punishment  thereof,"  approved  and  in 
force  February  10,  1898.     Approved  May  11,  1901. 

46.  When  Act  Applies — Conventions  Defined — Delegates- 
Officers— Recess,  Etc.]  [§  380,  Ch.  46,  R.  S.]  Be  it  enacted  by 
the  People  of  the  State  of  Illinois,  represented  in  the  General  As- 
sembly: That  an  act  entitled,  i4An  act  providing  for  primary  elec- 
tions of  delegates  to  nominating  conventions  of  political  parties  or 
organizations,  and  to  promote  the  purity  thereof  by  regulating  the 
conduct  thereof,  and  to  support  the  privileges  of  free  suffrage  thereat 
by  prohibiting  certain  acts  and  practices  in  relation  thereto,  and  pro- 
viding for  the  punishment  thereof,"  approved  and  in  force  February 
10,  1898,  be  amended  to  read  as  follows: 

That  in  every  county,  city,  village  or  incorporated  town  re- 
spectively in  this  State  to  which  this  act  shall  apply  as  hereinafter 
provided,  the  primary  elections  for  delegates  to  constitute  the  various 
conventions  of  the  different  political  parties  or  organizations  of  such 
county,  city,  village  or  incorporated  town,  or  any  part  thereof,  held  for 
the  nomination  of  candidates  for  public  office  in  this  State,  and  any 
part  thereof,  and  for  the  Congress  of  the  United  States,  whose  names 
are  to  be  printed  on  the  official  election  ballots  printed  and  distribu- 
ted at  public  expense  in  such  county,  city,  village  or  incorporated 
town,  or  any  part  thereof,  shall  hereafter  be  held  under  and  pursuant 
to  this  act.  A  convention  to  nominate  candidates  for  public  office  to 
be  voted  for  by  the  electors  of  the  entire  State  shall  be  known  as  a 
"State  convention;"  a  convention  to  nominate  candidates  for  public 
office  to  be  voted  for  by  the  electors  of  an  entire  county  shall  be 
known  as  a  "county  convention;"  a  convention  to  nominate  candidates 
for  public  office  to  be  voted  for  by  the  electors  of  an  entire  city,  vil- 
lage or  incorporated  town  shall  be  known  as  a  "city,  village  or  town 
convention,"  respectively;  a  convention  to  nominate  candidates  for 
public  office  to  be  voted  for  by  the  electors  of  an  entire  township  shall 
be  known  as  a  "township  convention;"  a  convention  to  nominate  can- 
didates for  public  office  to  be  voted  for  by  the  electors  of  an  entire  ward 
shall  be  known  as  a  "ward  convention;"  all  other  nominating  conven- 
tions in  this  State  shall  be  known  as  "district  conventions." 

Each  nominating  convention  shall  be  held  within  the  boundaries  of 
the  municipality  or  district  for  which  its  nominations  are  to  be  made, 
and  at  the  place  designated  in  the  call.  A  majority  of  the  delegates 
entitled  to  a  seat  in  the  convention  shall  be  necessary  to  constitute  a 
quorum.  The  delegates,  a  quorum  being  present,  shall  select  one  of 
their  number  to  call  the  convention  to  order  and  to  preside  until  the 
temporary  officers  are  chosen.     All  convention  officers  shall  be  dele- 


169 

gates  and  shall  be  chosen  upon  a  roll-call,  such  roll-call  to  be  by 
wards  and  districts,  and  announced  by  the  chairman  of  such  ward  or 
district  delegation.  In  case,  however,  the  vote  of  any  ward  or  district 
is  challenged  or  disputed  when  announced,  then  the  roll  of  delegates 
of  such  ward  or  district  shall  be  called,  and  the  persons  receiving  the 
votes  of  a  majority  of  the  delegates  shall  be  declared  elected  the  offi- 
cers of  the  convention.  No  adjournment  or  recess  of  the  convention 
shall  be  taken  before  completing  the  nominations  it  was  called  to 
make,  except  upon  a  yea  and  nay  vote  taken  upon  a  roll-call,  as  afore- 
said. 

47.  What  Paeties  May  Hold  Pkimaries — When.]  [§  381,  Ch. 
46,  R.  S.]  Any  political  party  or  organization  which  at  the  last  preced- 
ing general  election  for  Governor  in  this  State  polled  at  least  ten 
per  cent  of  the  entire  votes  cast  in  the  particular  county,  city,  village 
or  incorporated  town,  or  district  thereof,  respectively,  for  which  the 
application  is  being  made,  shall  be  entitled  under  this  act  to 
hold  one  primary  election  on  any  day  in  the  months  of  De- 
cember, January,  February  or  March  immediately  preceding 
any  regular  spring  or  summer  elections;  which  primary  elec- 
tion shall  effect  only  the  nominations  for  the  offices  to  be  filled  at  the 
particular  spring  or  summer  elections  next  and  immediately  following 
such  primary  election  day;  and  such  political  party  or  organization, 
qualified  as  stated  in  this  section,  shall  be  entitled  also  to  hold  an- 
other primary  election  on  any  day  in  the  months  of  May,  June,  July, 
August  or  September  immediately  preceding  any  regular  autumn 
elections;  which  last  mentioned  primary  election  shall  effect  only  the 
nominations  for  the  offices  to  be  filled  at  the  particular  autumn  elections 
next  and  immediately  following  such  primary  election  day:  Provided, 
that  such  primary  election  day  and  certificates  of  nominations  shall  be 
subject  to  the  provisions  of  section  7  of  an  act  entitled,  "An  act  to 
provide  for  printing  and  distribution  of  ballots  at  public  expense,  and 
for  the  nomination  of  candidates  for  public  office,  to  regulate  the 
manner  of  holding  elections,  and  to  enforce  the  secrecy  of  the  ballot." 
in1  force  July  1,  1891;  and  such  primary  election  day  shalll  be  at  least 
six  days  before  nomination  certificates  are  due.  Within  the  time 
limited,  as  aforesaid,  such  political  party  or  organization,  through  its 
central  committee  or  managing  committee,  may  determine  and  name 
the  day  for  holding  such  primary  election;  but  no  two  different  po- 
litical parties  shall  hold  their  primary  elections  on  the  same  day;  and 
the  political  party  first  applying  as  hereinafter  set  forth,  shall  have 
the  preference  in  the  choice  of  days,  in  case  two  or  more  different  po- 
litical parties  shall  in  their  application  appoint  the  same  day. 

48.  Call  for  Primary— Time— Proviso.^  [§  382,  Ch.  46,  R.  S.] 
No  political  party  or  organization  shall  be  entitled  under  this  act  to 
hold  a  primary  election  unless  at  least  fifteen  days  before  such  primary 
election  day  such  political  party  or  organization  shall  file  with  the 
board  of  election  commissioners  within  whose  jurisdiction  they  are, 
and  in  such  portions  of  the  county  as  lie  beyond  the  jurisdiction  of 
said  board  of  election  commissioners,  also  with  the  county  clerk,  and 
also  with  the  county  elerk  where  there  is  no  board  of  election  com- 
missioners, a  call  or  application  in  writing,  which  shall  set  forth: 


170 

First — The  name  of  sach  political  party  and  the  address  of  the 
headquarters  of  the  central  committee  or  managing  committee  of  such 
political  party. 

Second — The  day  on  which  said  primary  election  is  to  be  held. 

Third — The  name,  place  and  time  of  every  convention  for  the 
nomination  of  candidates  for  public  office  for  which  such  primary 
election  is  called. 

Fourth — The  description  of  each  of  the  various  primary  election 
districts,  together  with  the  names  of  the  three  persons  for  judges  of 
election  and  two  persons  for  clerks  of  election  for  each  such  primary 
district,  also  the  designation  of  a  polling  place  for  each  such  primary 
district. 

Fifth — The  number  of  delegates  from  each  such  primary  district 
to  each  convention:  Provided,  that  the  number  of  delegates  from 
each  of  the  different  primary  districts  be  proportioned  equally  to  the 
number  of  voters  of  such  political  party  in  each  district  as  shown  by 
the  last  preceding  presidential  election  returns :  And,  provided,  that 
each  primary  election  district  shall  be  allowed  to  be  represented  by  at 
least  one  delegate  to  each  convention  in  which  such  primary  district 
is  entitled  to  be  represented. 

Sixth — The  name  of  some  newspaper  recommended  for  the  publi- 
cation of  the  notice  of  such  primary  election  as  hereinafter  provided: 

Provided,  that  all  the  organizations  or  subdivisions  of  any 
one  general  political  party  representing  any  municipality, 
district  or  ward,  within  the  territory  of  the  municipality 
adopting  this  act,  shall  hold  their  primary  elections,  such  as 
may  then  be  in  order,  for  the  respective  county,  city,  village  or  incor- 
porated town,  or  other  political  divisions  therein,  together  and  on  one 
and  the  same  day;  and  each  municipal,  district  or  ward  organization 
of  the  party  that  neglects  to  join  shall  forfeit  the  right  to  hold  pri- 
maries for  its  political  nominations  then  due.  In  due  time  before 
filing  said  call  or  application,  the  central  or  managing  committee  rep- 
resenting the  largest  political  territory  for  which  primaries  are  next 
in  order  may  notify,  in  writing,  the  chairman  or  secretary  of  each  ter- 
ritorial organization  of  such  general  party  to  return,  in  writing,  within 
a  specified  time,  properly  authenticated  by  such  territorial  organiza- 
tion of  the  party,  the  request  of  such  subdivision  of  the  party  for  its 
respective  primaries,  and  also  the  name,  place  and  time  of  the  lawful 
nominating  conventions  they  wish  to  hold,  and  containing  other  law- 
ful suggestions:  and  upon  receiving  such  request  in  writing,  such  cen- 
tral or  managing  committee  shall  include  in  said  call  or  application 
the  name,  place  and  time  of  the  proper  conventions  of  such  subdi- 
vision of  the  party,  and  all  such  other  proper  matters  and  things  as 
will  make  its  primaries  effective,  fair  and  equal,  and  shall  make  only 
such  small  changes  in  the  time  of  the  suggested  primary  election  day 
or  the  convention  days  as  may  be  required  by  this  act  in  order  to  have 
all  the  primaries  of  each  political  party  held  on  the  same  day;  but 
such  central  or  managing  committee,  even  if  no  request  in  writing  is 
returned,  may  include  the  primaries  and  conventions  of  all  such  lesser 
territorial  subdivisions  of  the  party.     If  such  central  or  managing 


171 

committee,  after  receiving  such  request  in  writing,  files  said  call  or 
application  without  including  therein  the  primaries  and  conventions 
of  the  subdivision  of  the  party  making  a  request  in  writing,  as  afore- 
said, such  subdivision  of  the  party  shall  be  entitled  to  hold  its  pri- 
maries together  with  the  general  party,  upon  filing  with  the  proper 
public  officer, clerk  or  board,  at  least  twelve  days  before  the  primary  elec- 
tion day,  an  application  in  writing,  which  shall  set  forth  the  fact  of 
such  omission,  the  name  of  the  headquarters  of  the  subdivision  of 
such  party,  the  name,  place  and  time  of  the  lawful  conventions  desired 
to  be  held  by  such  subdivision  of  the  party,  and  containing  also  such 
other  suggestions  and  statements  as  will  make  it  possible  for  the 
proper  authorities  to  include  the  primaries  of  such  subdivision  of  the 
party  in  the  general  primaries  of  the  general  party.  In  default  of 
such  central  or  managing  committee  in  filing  any  call  or  application 
at  least  twenty-one  days  before  nomination  certificates  for  the  regular 
election  day  are  due,  then  each  subdivision  of  such  party  whose  lawful 
primaries  are  then  in  order  may,  not  less  than  eighteen  days  before  the 
day  such  certificates  are  due,  file  its  own  call  or  application,  and  the  law- 
ful officer,  board  of  election  commissioners,  or  the  county  clerk,  as  the 
case  may  be,  with  whom  the  calls  are  lawfully  filed,  shall,  in  an  order 
or  memorandum,  substantially  in  the  form  of  a  call  or  application,  fix 
one  and  the  same  day  for  all  such  primaries,  and  shall  determine  and 
fix  upon  all  other  things  necessary  to  have  such  applicants  have  an 
effective,  fair  and  equal  primary  election  with  as  little  public  expense 
as  possible. 

49.  Signatures  to  Call — Use  of  Party  Names  Restricted.] 
[§  383,  Ch.  46,  R.  S.]  Such  call  or  application  shall  be  signed  by 
the  chairman  and  attested  by  the  secretary  of  the  central  committee 
or  managing  committee  of  such  political  party  or  organization,  verified 
by  oath  that  the  facts  therein  stated  are  true  and  that  they  are, 
respectively,  the  chairman  and  secretary  of  such  committee.  No 
persons  and  no  political  party  or  organization  shall  use  the  name  of 
another  political  party  or  organization  (or  any  designation  similar  to 
that  of  another  political  party  or  organization)  in  such  manner  as  to 
deceive  voters.  Upon  the  filing  of  such  call  or  application,  accord- 
ing to  the  provisions  of  this  act,  any  political  party  or  organization 
which,  at  the  last  preceding  general  election  in  this  State,  polled  at 
least  ten  (10)  per  cent  of  the  entire  vote  cast  in  the  whole  county, 
city,  village  or  incorporated  town,  represented  by  such  political  party 
or  organization,  shall  be  allowed  to  hold  a  primary  election  under 
this  act. 

50.  Notice  of  Primaries  —  Time  —  Contents  —  Publication.] 
[§  384,  Ch.  46.  R.  S.]  At  least  ten  (10)  days  before  the  primary  elec- 
tion day,  designated  as  aforesaid  by  such  political  party,  it  shall 
be  the  duty  of  the  board  of  election  commissioners,  or  the  county 
clerk,  or  both,  as  the  case  may  be,  upon  the  application  of  any  polit- 
ical party  entitled  thereto  as  aforesaid,  through  its  central  commit- 
tee, or  managing  committee,  as  aforesaid,  to  give  notice  of  such  pri- 
mary election.  Such  notice  shall  contain  the  name  of  the  political 
party  or  organization  for  which  such  primary  election  is  to  be  held 


172 

the  address  of  the  headquarters  of  the  central  committee,  or  managing 
committee,  of  snch  party,  the  name,  place  and  time  of  each  conven- 
tion according  to  the  call  aforesaid,  to  be  held  by  such  party  for  the 
nomination  of  candidates  for  public  office,  the  date  upon  which  such 
primary  election  is  to  be  held,  the  description  of  each  of  the  various 
primary  election  districts,  the  location  of  the  polling  place  for  each 
such  district,  the  names  of  the  three  judges  and  the  two  clerks  ap- 
pointed to  serve  at  each  primary  election  district,  and  the  number  of 
delegates  to  be  elected  from  each  primary  district  to  each  convention. 
Such  notice  shall  be  published  in  some  newspaper  of  general  circula- 
tion recommended  by  the  executive  committee  of  the  political  party 
or  organization  for  which  such  primary  election  is  to  be  held.  But 
no  failure  or  error  in  such  publication,  or  in  the  application  afore- 
said,shall  invalidate  any  primary  election  actually  held,  and  any 
primary  election  held  pursuant  to  any  notice  substantially  like  the 
above  notice  shall  be  deemed  to  be  held  under  this  act,  and  all  jus- 
tices of  the  peace,  and  all  judges  of  courts  of  record  in  the  territory 
for  which  such  primary  election  is  called  shall  take  judicial  notice  of 
the  holding  of  such  primary  election  under  this  act. 

51.  Districts— What  Shall  Constitute- Judges  and  Clerks 
—Polling  Places.]  [§  385,  Ch.  46,  R.  S.J  For  purposes  of  pri- 
mary elections  under  this  act,  and  in  the  more  sparsely  settled  coun- 
try, a  regular  election  precinct  may  constitute  a  primary  election  dis- 
trict; but  in  populous  sections,  in  order  to  save  expense,  from  two  to 
seven,  but  no  more,  entire  contiguous  election  precincts  of  the  same 
ward,  or  other  political  division,  in  as  compact  a  form  as  practicable, 
may  be  joined  so  as  to  form  one  primary  election  district,  but  in 
such  manner  that  each  primary  election  district,  consisting  of  two 
or  more  regular  election  precincts,  shall  include  at  least  three  regu- 
lar election  judges  and  two  regular  election  clerks  residing  within 
such  primary  district  and  belonging  to  the  party  establishing  such 
primary  district.  In  no  event  shall  any  primary  district  contain 
more  than  eight  hundred  (800)  voters,  to  be  ascertained  by  the  party 
vote  of  the  party  holding  said  primary  election  cast  at  the  last  preced- 
ing presidential  election.  Primary  districts,  when  lawfully  established, 
shall  remain  as  established  for  each  party's  successive  primaries  except 
as  changes  may  be  necessitated  by  law. 

Provided,  that  where  a  regular  election  precinct  consists  of,  and 
is  co-extensive  with,  a  congressional  township,  then  said  congressional 
township  shall  constitute  one  primary  election  district  within  the 
meaning  of  this  act. 

And,  provided,  further,  that  in  such  case,  and  in  any  case  where 
there  exists  no  board  of  election  commissioners,  and  where  the  judges 
and  clerks  of  election  are  appointed  and  chosen  by  a  board  of  super- 
visors or  board  of  county  commissioners,  then  the  judges  and  clerks 
ivho  are  to  serve  as  judges  and  clerks  of  any  primary  election  shall  be 
members  of  the  political  party  holding  such  primary  election;  and  if 
there  are  no  judges  and  clerks  of  election  in  and  for  such  congres- 
sional township  who  belong  to,  or  are  members  of,  the  political  party 
seeking  to  hold  a  primary  election  under  the  provisions  and  within 


173 

the  meaning  of  this  act,  then  the  county  central  or  governing  commit- 
tee of  such  political  party  shall  have  and  is  hereby  granted,  the  power 
and  right  to  name,  appoint,  notify,  direct  and  qualify  snch  members 
of  its  own  party  as  are  otherwise  eligible  under  the  provisions  of  this 
act  to  serve  as  judges  and  clerks  of  such  or  any  primary  election  held 
under  and  within  the  meaning  of  this  act.  And  in  such  event  the 
compensation  per  diem  of  such  judges  and  clerks  shall  be  the  same 
as  that  of  judges  and  clerks  serving  at  any  regular  election,  notwith- 
standing the  provision  for  compensation  found  in  section  10  of  this 
act. 

In  each  such  primary  election  district  there  shall  be  a  primary 
polling  place,  which  shall  be  as  near  the  center  of  population  of 
such  district  as  is  practicable,  and  such  primary  polling  place 
shall  be  in  the  most  public,  orderly  and  convenient  part  of  such 
primary  district,  and  within  a  room  permitting  easy  ingress  and 
egress  to  voters,  and  no  building  shall  be  designated  or  used  as 
such  polling  place  in  which  spirituous  or  intoxicating  liquor 
is  sold,  or  which  is  within  one  hundred  (100)  feet  of  any  place 
where  such  liquor  is  sold.  The  central  committee  or  managing  com- 
mittee of  any  political  party  or  organization  entitled  to  hold  such  pri- 
mary elections  under  this  act  shall  establish  such  primary  election 
district  and  designate  such  polling  places  according  to  this  act  not  less 
than  fifteen  (15)days  before  such  primary  election  day.  In  default 
of  such  central  committee  or  managing  committee  designating  such 
primary  election  districts  and  polling  places,  the  same  shall  be  done 
by  the  member  or  members  of  the  board  of  election  commissioners 
representing  said  party;  or,  if  no  such  board  exists  in  the  county,  then 
by  the  judge  of  the  county  court. 

52.  Judges  and  Clerks,  Appointment  —  Oath  of  Office  — 
Duties— Failure  to  Serve— Penalty.]  [§  386,  Ch.  46,  K.  S.J 
Not  less  than  ten  days  before  such  primary  election  day,  the 
certain, person,  officer,  officers  or  board,  or  board  of  election  commis- 
sioners, as  the  case  may  be,  by  the  general  election  law  authorized  to 
appoint  judges  and  clerks  for  general  elections,  is  and  are  hereby 
empowered  to  appoint,  and  shall,  for  each  primary  election  district, 
appoint  and  swear  in  from  the  list  of  duly  appointed  and  regular  elec- 
tion judges  and  clerks,  and  otherwise  as  herein  provided,  three  judges 
and  two  clerks,  who  are  members  of  such  political  party,  to  serve  re- 
spectively as  judges  and  clerks  at  such  primary  election:  Provided Y 
however,  that  such  political  party  or  organization,  through  its  central 
or  managing  committee,  shall  have  the  right,  not  less  than  fifteen  days 
before  such  primary  election  day,  to  designate  and  name  for  appoint- 
ment for  service  at  such  primary  elections  such  certain  of  the  regu- 
larly listed  judges  and  clerks  as  were  originally  recommended  and 
named  or  endorsed  for  appointment  as  regularly  elected  judges  and 
clerks  by  such  political  party;  and  in  case  there  are  not  a  sufficient 
number  of  listed  regular  judges  and  clerks  so  originally  recommended 
and  named  or  endorsed  by  such  political  party  to  equip  all  primary 
polling  places  of  such  party,  then  such  political  party  or  organization 
may,  not  less  than  fifteen  days  before  such  primary  election  dayT 
through  its  central  or  managing  committee,  recommend  to  such  ap- 


174 

pointing  power  a  sufficient  number  of  qualified  persons  for  appointment 
to  serve  as  primary  election  judges  and  clerks  to  equip  all  the  pri- 
mary polling  places  of  such  party;  and  such  person,  officer  or  board 
having  such  appointing  power,  to  whom  or  to  which  such  names 
are  designated  by  such  political  party  as  aforesaid,  shall,  not  less 
than  ten  days  before  said  primary  election  day,  select  from  the 
names  so  recommended,  and  shall  notify,  appoint  and  swear  in  such 
persons  if  qualified  to  act  as  judges  and  clerks  at  such  primary  elec- 
tion; and  such  persons  so  appointed  shall  serve  as  judges  and  clerks, 
respectively,  at  such  primary  election.  Except  when  only  one  or  two 
regular  election  x^recincts  form  a  primary  election  district,  no  two 
judges  and  no  two  clerks  shall  serve  at  the  same  primary  polling 
place  who  reside  in  the  same  regular  election  precinct.  In  de- 
fault of  such  designation  or  recommendation  of  such  judges  and 
clerks  by  such  political  party,  and  in  any  case  of  vacancy  among  pri- 
mary judges  and  clerks,  then  such  person,  officer  or  board  having  the 
appointing  power  as  aforesaid  shall  appoint  and  swear  in  from  the 
list  of  duly  appointed  and  regular  election  judges  and  clerks  who  are 
members  of  such  party  a  sufficient  number  of  judges  and  clerks  to 
equip  all  the  primary  polling  places  of  such  party.  Such  judges  and 
clerks  appointed  under  this  act  shall  take  an  oath  of  office  substan- 
tially as  follows,  and  shall  subscribe  their  names  to  the  same: 

"I residing  at in  the  city 

(village  or  town)  of in   the   State  of  Illinois,  do 

solemnly  swear  (or  affirm)   that  I  am  a  legal  voter  and  a  member  of 

the party  and  a  householder  in  the ward 

of  the  city  (village  or  town)  of in  the  State  of 

Illinois;  that  I  will  support  the  laws  and  Constitution  of  the  United 
States  and  of  the  State  of  Illinois,  and  that  I  will  faithfully  and 
honestly  discharge  the  duties  of  primary  election  judge,  (or  clerk)  for 

the primary  election  district  of  the ward,  of  the 

city  (village  or  town)  of in  the  county  of 

in  the  State  of  Illinois,  according  to  the  best  of  my  ability. 

Dated  this day  of A.  D 


In  due  time,  before  such  primary  election  day,  such  appointing  per- 
son, officer  or  board  shall  notify  every  person  designated  as  aforesaid 
and  intended  for  appointment  as  judge  or  clerk  of  the  fact  of  his 
selection;  and  he  shall,  unless  excused  by  such  person,  officer  or 
board,  for  good  cause,  be  appointed  as  a  judge  or  clerk,  respectively, 
and  he  shall  then  be  bound  to  serve  as  such  judge  or  clerk  for  the 
ensuing  primary  election.  Such  person,  officer  or  board  appointing 
judges  and  clerks  as  aforesaid  shall  keep  a  record  of  the  names  of  all 
such  parsons  so  notified  to  appear,  and  whether  such  persons  were 
rejected  for  want  of  qualification  or  excused  for  cause;  in  such  case 
the  facts  shall  be  noted.  In  case  any  person  so  notified  shall  not  ap- 
pear before  such  person,  officer  or  board,  as  required  in  this  act,  or  if 
he  do  appear  and  refuse  to  serve,  or  if  he  shall  be  sworn  to  serve  and 
fail  to  serve  on  the  day  appointed,  he  shall  be  guilty  of  a  misde- 
meanor under  this  act,  unless  good  cause  be  shown  to  excuse  his  de- 
fault for  such  service.     In  case  the  person  intended  for  appointment 


175 

does  not  appear  upon  notification,  then  other  persons  shall  be  notified 
as  aforesaid  until  eligible  persons  are  found  who  will  serve.  All  per- 
sons subscribing  to  the  oath  as  aforesaid,  and  all  persons  actually 
serving  as  judges  and  clerks  at  any  primary  election,  whether  sworn 
in  or  not,  shall  be  deemed  to  be,  and  are  hereby  declared  to  be,  offi- 
cers of  the  county  court  of  the  respective  county;  and  sach  persons 
shall  be  liable  to  punishment  by  such  court  in  a  proceeding  for  con- 
tempt for  any  misbehavior  as  such  judge  or  clerk,  to  be  tried  in  open 
court  on  oral  testimony,  in  a  summary  manner,  without  written 
pleadings;  but  such  trial  or  punishment for  contempt  of  court  shall 
not  be  any  bar  to  any  criminal  proceedings  against  such  primary 
judges  or  clerks  for  any  violation  of  this  act. 

53.  General  Election  Laws  Apply — Polling  Places — Sup- 
plies—Poll Books  and  Ballot  Boxes  Preserved.]  [§  387,  Ch.  46, 
R.  S.]  All  the  laws  of  this  State  respecting  the  general  elections  in 
this  State,  now  or  hereafter  in  force  in  any  election  precinct  or  dis- 
trict in  such  county,  city,  village  or  incorporated  town,  except  as  the 
same  are  modified  by  the  provisions  of  this  act,  and  so  far  as  the 
same  are  applicable  to  primary  elections  provided  for  in  this  act,  are 
hereby  declared  to  be  in  force  in  each  primary  election  district  re- 
specting the  primary  elections  provided  for  in  this  act. 

Polling  places  in  the  respective  primary  election  districts  shall  be 
appointed,  provided,  established,  furnished,  warmed,  lighted,  main- 
tained, conducted  and  supervised ; 

And  all  necessary  ballot  boxes,  registry  books,  return  sheets,  blanks, 
poll  books,  stationery  and  supplies  shall  be  provided,  furnished, 
delivered  and  used; 

And  notices  of  such  primary  election  shall  be  given,  posted  and 
published; 

And  all  judges  and  clerks  shall  be  paid,  appointed  upon  the  recom- 
mendation of  the  central  committee  or  managing  committee,  as  afore- 
said, qualified,  notified,  directed,  instructed,  sworn,  and  vacancies  in 
their  number  supplied; 

And  such  primary  election  in  each  election  district  shall  be  con- 
ducted, supervised,  regulated  and  controlled; 

And  after  being  used  at  any  primary  election,  all  registry  books, 
poll  books,  ballots,  statements,  returns,  ballot  boxes,  ballot-box  keys, 
and  other  election  paraphernalia  shall  be  preserved,  kept,  stored, 
accounted  for  and  returned ; 

And  the  polling  places  and  the  polls  of  such  primary  election  shall 
be  opened  and  closed  respectively; 

In  the  same  manner  and  by  the  same  persons  or  officers  or  board  or 
judges  and  clerks,  as  is  provided  by  the  law  in  force  in  any  election 
precinct  or  district  in  such  county,  city,  village  or  incorporated  town, 
respecting  the  general  elections,  except  as  such  general  election  laws 
are  modified  by  this  act,  and  except  as  to  the  time  of  appointing  the 
respective  polling  places  in  the  various  election  precincts  or  districts, 
which  time  shall  be  at  least  ten  (10)  days  before  each  primary  elec- 
tion dav. 


176 

The  certain  person,  officer,  board,  board  of  election  commissioners, 
or  any  or  all  of  them,  by  the  general  election  law  authorized  to  fur- 
nish or  have  the  custody  of  general  election  ballot  boxes,  general 
registry  book  of  voters  and  other  election  paraphernalia,  shall,  in 
due  time  before  primary  election  day,  notify  one  or  more  of  the  judges 
of  each  election  district  to  appear  before  such  person,  officer  or  board 
in  due  time  before  primary  day;  and  such  judges  shall  appear  with- 
in such  time  and  such  person,  officer  or  board  shall  deliver  to  such 
judge  or  judges  for  each  primary  election  district  one  ballot  box,  also 
one  regular  election  registry  book  of  voters  for  each  regular  election 
precinct  included  in  the  primary  election  district,  also  sufficient  poll 
books,  tally  sheets,  blank  affidavits,  oaths,  statements  of  votes,  dele- 
gates' certificates  of  election;  also  all  other  blanks,  papers  and  sup- 
plies necessary  to  carry  out  the  provisions  of  this  act. 

54.  Expenses,  How  Paid — Auditing  Claims.]  [§  388,  Ch.  46, 
R.  S.]  The  expense  of  conducting  such  primary  elections  shall  be 
paid  by  the  county,  or  by  the  city,  or  by  the  village  or  incorporated 
town,  respectively,  to  which  this  act  shall  apply,  as  hereinafter  pro- 
vided, including  the  salaries  of  judges  and  clerks,  the  cost  of  ballot 
boxes,  registry  books,  poll  books,  return  sheets,  stationery,  supplies, 
polling  places  and  such  other  expenses  as  are  necessary  and  inci- 
dental to  carrying  out  the  provisions  of  this  act. 

The  board  of  election  commissioners,  where  such  board  has  juris- 
diction, otherwise  the  clerk  of  the  county,  shall  audit  all  the  claims  of 
such  judges  and  clerks  of  such  primary  election:  Provided, 
that  in  cities,  villages  and  incorporated  towns  where  there 
is  a  board  of  election  commissioners,  all  expense  incurred 
by  such  board  of  election  commissioners  shall  be  paid  by 
such  city.  Such  expenses  are  to  be  audited  by  the  county  judge  and 
shall  be  paid  by  the  city  treasurer  upon  the  warrants  of  such  county 
judge  out  of  any  money  in  the  city  treasury  not  otherwise  appropri- 
ated. It  shall  be  the  duty  of  the  governing  authority  of  such  city  to 
make  provision  for  the  prompt  payment  of  such  expenses.  At  all  pri- 
mary elections  for  city  officers,  though  other  than  city  officers  may  be 
nominated  at  the  same  time,  and  at  all  primary  elections  in  a  part  of 
such  city,  such  city  shall  pay  such  judges  and  clerks  for  their  services 
under  this  act.  At  all  general  county  and  State  primary  elections, 
though  other  than  State  and  county  officers  are  to  be  nominated,  and 
at  all  primary  elections  where  other  than  judicial  officers  are  to  be 
nominated,  such  county  shall  pay  such  judges  and  clerks  for  their 
services  under  this  act.  Said  board  of  election  commissioners  shall 
audit  all  the  claims  of  judges  and  clerks  and  shall  draw  a  warrant  there- 
for upon  such  city  or  county  treasury,  as  the  case  may  be. 

55.  Compensation  of  Judges  and  Cleeks.]  [§  389,  Ch.  46, 
R.  S.]  The  judges  and  clerks  of  such  primary  election  shall  be  al- 
lowed the  sum  of  five  dollars  ($5.00)  each  per  day  for  their  serves  in 
attending  such  primary  election. 

56.  Qualifications  of  Votees.]  r§  390,  Ch.  46,  R.  S.j  In 
order  to  be  qualified  to  vote  at  a  party's  primary  election,  the  person 
offering   to   vote   shall   be   a   member   of   the   particular   party  and 


177 

legally  qualified  to  vote  at  the  next  ensuing  regular  election.  He 
shall  be  registered  on  the  regular  election  registry  books  within  the 
primary  district  and  reside  within  the  district  in  which  he  offers  to 
vote:  Provided,  no  person  shall  be  deemed  to  be  a  member  of  a  par- 
ticular party  if  he  has  signed  any  petition  for  the  nomination  of  any 
person  with  reference  to  the  nominations  for  the  next  ensuing  regular 
elections,  or  if  he  has  voted  at  the  primary  election  of  another  party 
within  the  period  of  one  year  next  preceding:  Provided,  that  in  all 
localities  where  there  is  no  board  of  election  commissioners  having 
jurisdiction  of  general  elections,  every  legal  voter  entitled  to  vote  at 
regular  elections  within  any  election  precinct  included  within  the  pri- 
mary district  of  which  he  is  a  resident,  and  who  is  a  member  of  the 
political  association  or  party  holding  the  primary  election,  shall  be 
entitled  to  vote  at  such  primary  election  under  the  regulations  and 
restrictions  applicable  to  the  regular  elections. 

57.  Qualifications  of  Delegates — Alternates— Vacancies.] 
[§  391,  Ch.  46,  R.  S.]  None  but  legally  qualified  voters  residing  in 
the  primary  district  to  be  represented  shall  be  eligible  as  delegates 
to  any  convention  of  such  party.  Judges  and  clerks  acting  as  such  at 
any  primary  election  shall  be  ineligible  as  delegates  or  alternates  to 
to  any  such  convention.  Not  more  than  one  person  shall  be  elected 
as  an  alternate  delegate  for  each  delegate  to  any  such  convention,  and 
no  person  shall  act  as  a  delegate  to  any  such  convention  except  when 
elected  a  delegate,  or  an  alternate  delegate,  according  to  this  act: 
Provided,  that  in  the  absence  of  a  delegate  the  alternate  delegate 
whose  name  appears  on  the  ballot  opposite  the  name  of  such  absent 
delegate  shall  act  in  his  stead;  but  if  such  alternate  also  is  absent, 
then  the  delegates  present  representing  the  district  shall  select  from 
the  other  alternates  who  are  present  the  person  who  shall  act  in  place 
of  the  absent  delegate.  If  all  the  alternates  are  absent,  or  if  there  are 
not  sufficient  alternates  to  fill  vacancies,  then  delegates  of  the  district 
present  shall  select  any  qualified  member  or  members  of  the  party  as 
delegates  to  fill  such  vacancies.  If  no  delegates  or  alternates  from  a 
given  district  are  present,  the  vacant  delegation  may  be  filled  by  the 
delegate  or  delegates  present  from  that  ward  or  township. 

58.  Voting  by  Ballot — Form  of  Ballot — Defective  Ballot — 
Penalties.]  [§  392,  Ch.  46,  R.  S.]  At  such  primary  elections  the 
manner  of  voting  shall  be  by  ballot.  The  ballots  shall  all  be  of  uni- 
form size,  and  eight  (8)  inches  in  length  and  eight  (8)  inches  in 
width.  The  ballot  shall  be  printed  or  written,  or  partly  printed  or 
partly  written,  upon  plain  white  paper.  Any  person  or  persons  may, 
at  private  expense,  furnish  such  ballots,  and  no  primary  election  bal- 
lots shall  be  furnished  at  public  expense.  The  name  of  each  dele- 
gate and  alternate  delegate  for  whom  the  voter  intends  to  vote  shall 
appear  on  one  ballot,  on  one  and  the  same  side  thereof,  in  plain 
letters,  together  with  the  name  of  the  convention  to  which  such  dele- 
gates are  to  be  elected.  Immediately  preceding  the  list  of  delegates 
to  any  convention  may  appear  the  name  of  the  candidate  or  candi- 
dates for  whom  such  delegates  are  expected  to  vote  in  such  conven- 

—12  E  L 


178 

tion,  or  the  word  "unpledged"  may  appear,  and  at  the  top  of  the 
ballot  may  appear  the  simple  party  name,  the  primary  district  and 
the  location  of  the  polling  place.  Unless  ballots  substantially  com- 
ply with  this  act,  in  size  and  color,  the  same  shall  be  void  for  all 
purposes,  and  shall  not  be  received  or  deposited  or  counted  by  any 
person  or  judge  at  any  such  primary  election,  and  all  ballots  not  in 
accordance  with  the  provisions  of  this  act,  but  which  by  any  mistake 
may  have  been  deposited  in  the  ballot  box,  shall  be  void,  and  shall  be 
marked  "defective"  on  the  back  thereof;  but  no  ballot  shall  be  defect- 
ive because  the  voter  depositing  the  same  has  named  upon  it  a  less 
number  of  delegates  than  such  voter  was  entitled  to  vote  for.  If  the 
voter  votes  for  more  persons  than  there  are  delegates  to  be  elected  to 
a  certain  convention,  or  if  for  any  reason  it  is  impossible  for  the 
judges  to  determine  the  voter's  choice,  such  ballot,  or  part  thereof, 
shall  not  be  counted.  Ballots  not  counted  shall  be  marked  "defect- 
ive" on  the  back  thereof,  and  ballots  to  which  objection  has  been 
made  by  either  of  the  judges  or  challengers  shall  be  marked  "objected 
to"  on  the  back  thereof,  and  a  memorandum,  signed  by  the  judges, 
stating  how  it  was  counted,  shall  be  written  upon  the  back  of  each 
ballot  so  marked,  and  all  ballots  marked  "defective"  or  "objected  to" 
shall  be  enclosed  in  an  envelope,  securely  sealed  and  so  marked  and 
endorsed  as  to"  clearly  indicate  its  contents.  The  judges  shall  receive 
from  any  person  and  permit  to  be  freely  and  equally  exposed 
in  separate  and  orderly  piles,  within  the  polling  place,  near 
the  ballot-box  and  within  reach  of  voters,  a  sufficient  supply  of 
each  of  the  various  primary  tickets  or  ballots;  and  the  judges  shall 
hand  one  of  each  of  the  various  tickets  to  each  and  every  person 
qualified  to  vote;  and  whenever  the  supply  of  any  of  the  various 
tickets  becomes  insufficient,  the  judges  shall  immediately  mention 
the  fact  of  such  insufficiency  to  one  or  more  of  the  candidates  or 
persons  interested  in  said  ticket.  Any  judge  or  clerk,  or  any  other 
person,  who  shall  in  any  manner  conceal  or  remove  or  destroy  any 
such  supply  of  tickets,  or  who  shall  hinder  or  prevent  or  interfere 
with  the  free  and  equal  reception,  exposure,  distribution,  use  or 
supply  of  such  various  primary  tickets  or  ballots,  or  who  shall  do  any 
electioneering  within  100  feet  of  the  polling  place  shall,  upon  convic- 
tion thereof,  be  deemed  guilty  of  a  misdemeanor. 

59.  Opening  and  Closing  Polls — Absence  of  Judge  or  Clerk 
— Vacancies — Change  of  Polling  Place.]  [§  393.  Ch.  46,  R.  S.] 
The  polls  of  such  primary  election  shall  be  opened  at  12:00 
o'clock  noon,  and  continue  open  until  7 :00  o'clock  in  the  afternoon  of 
the  same  day,  at  which  time  the  polls  shall  be  closed;  if  any  judge  or 
clerk,  without  lawful  excuse,  shall  be  behind  time  for  fifteen  (15) 
minutes  after  the  time  for  opening  such  polls,  he  shall  be  guilty  of  a 
misdemeanor  under  this  act  and  punished  accordingly.  No  judge  or 
clerk  shall  absent  himself  to  exceed  five  (5)  minutes  at  any  time 
until  the  ballots  are  all  cast  and  counted  and  returns  made ;  and,  when 
absent  for  any  cause  during  such  time,  said  judge  or  clerk  shall 
authorize  some  one  of  the  same  political  party  with  himself  to  act 
for  him  until  his  return.     If  any  judge  or  clerk  shall  not  be  present 


179 

after  the  expiration  of  fifteen  (15)  minutes  from  the  time  to  open  the 
polls,  the  judge  or  judges  present  shall  fill  the  place  of  such  absent 
judge  or  clerk  and  one  of  the  judges  shall  administer  to  such  substitute 
the  oath,  as  required  of  the  judges  or  clerks  when  originally  appoint- 
ed, and  blank  forms  shall  be  provided  for  such  purpose,  which  oath 
shall  be  preserved  and  returned  by  the  judges  to  the  proper  officer  or 
the  board,  and  such  appointee  shall  be  subject  to  the  same  punish- 
ment and  penalties  as  any  other  judge  or  clerk.  Whenever  such  reg- 
ular judge  or  clerk  shall  be  present,  such  substitute  shall  cease  to  act. 
If  all  judges  or  clerks  fail  to  appear  at  the  proper  time  at  the  polling 
place,  or  in  case  no  primary  judges  and  clerks  have  been  appointed  as 
provided  in  this  act,  then  bystanding  voters  of  such  primary  district 
to  the  number  of  five  (5)  or  more  of  such  political  party  may  elect 
legal  voters  of  such  party  to  act  as  judges  or  clerks.  Such  judges  and 
clerks,  elected  as  last  aforesaid,  shall  have  full  power  to  conduct  such 
primary  election  in  accordance  with  this  act.  Any  judge  or  clerk 
who  shall  wilfully  absent  himself  from  the  polls  on  such  primary 
election  day  without  good  cause  shall  be  guilty  of  a  misdemeanor 
under  this  act,  and  if  any  judge  or  clerk  shall  wilfully  detain  any 
registry  book  or  poll  book,  or  other  election  paraphernalia,  and  not 
cause  it  to  be  produced  at  the  polling  place  at  the  opening  of  the 
polls,  or  for  fifteen  (15)  minutes  thereafter,  he  shall  be  guilty  of  a 
misdemeanor  under  this  act. 

If,  for  any  good  cause,  a  primary  election  can  not  be  held  at  the 
polling  place  designated  or  appointed  as  aforesaid,  the  judges  of  such 
polling  place  may  at  the  time  set  for  opening  the  polls  of  such  pri- 
mary election,  adjourn  such  election  to  the  most  convenient  polling 
place,  near  by,  which  is  otherwise  suitable  according  to  this  act;  and 
such  judges  shall  publicly  proclaim  such  change  and  post  a  notice 
of  such  change  on  the  polling  place  originally  appointed. 

60.  Ballot  Box  to  be  Kept  in  View,  Etc.— Ballots  Not 
to  be  Handed  in  Through  Window.]  [§  394,  Ch.  46,  R.  S.] 
Before  voting  begins  the  ballot  box  shall  be  empty;  and  it 
shall  be  opened  and  shown  to  those  present  to  be  empty;  and  it  shall 
not  be  removed  from  the  public  view  from  the  time  when  it  is  shown 
to  be  empty  until  after  the  close  of  the  polls.  It  shall  be  locked  and 
the  key  delivered  to  one  of  the  judges,  and  it  shall  not  again  be 
opened  until  the  close  of  the  polls.  The  judges  of  election  shall  each 
be  held  guilty  of  a  misdemeanor  under  this  act  if  such  ballot  box 
shall  not  by  them  be  kept  constantly  in  public  view  during 
the  progress  of  the  election,  unless  it  shall  be  shown  by  any  judge 
that  he  protested  against  any  obstruction  of  the  view  of  the  ballot 
box  and  was  overruled  by  the  majority  of  the  judges.  Voters  shall 
be  admitted  within  the  polling  place  and  there  shall  be  permitted  no 
handing  in  of  votes  through  windows,  doors  or  other  openings. 

61.  Duty  of  Clerks — Form  of  Poll  Book.]  [§  395,  Ch.  46, 
R.  S:  Each  of  the  clerks  of  election,  in  the  poll  books  kept  by 
him,  shall  enter  in  the  proper  column  the  name  of  each  person  whose 
vote  is  duly  received  for  deposit  in  the  ballot  box ;  and  in  the  column 
under  the  heading  "Number"  he  shall   note  the  successive  number  of 


180 


each  successive  voter;  and  in  the  column  headed  "Residence"  he  shall 
note  the  residence  of  each  such  voter.  Each  page  of  such  special 
book  shall  be  substantially  in  the  following  form: 

REPUBLICAN  (OR  DEMOCRATIC)  POLL  BOOK. 

Of  a  primary  election  held  in  the primary  district  of 

the ward,  of  the  city  of town  of 

county  of on  the day  of 

A.  D.  19.... 

This  is  to  certify  that  the  within  list  is  a  correct  list  of  (Republican 

or  Democratic)  voters  at  a  primary  election  held  on  the 

day  of A.  D.  19 ....  in  the primary  district  of 

the ward,  in  the  city  of town  of 

county  of and  State  of  Illinois. 

And  that  on  said  primary  election  day 19 ... .  the 

undersigned  judges  and  clerks  served,  and  are  entitled  to  pay  therefor. 


Judges  of  Election. 


Clerks  of  Election. 
Dated 19.. 


Number  of  Votes. 

Names  of  Voters. 

Residence. 

1 

2                              

3 

4  . 

5 

6 

Such  poll  books  shall  otherwise  be  of  the  form,  and  shall  contain 
the  same  certifications,  as  nearly  as  may  be,  as  the  poll  books  used  in 
the  regular  elections,  and  such  poll  books  shall  be  signed  and  attested 
in  the  same  manner  as  poll  books  for  the  purpose  of  regular  elections. 

62.  Manner  of  Receiving  and  Depositing  Ballot.]  [§  396,  Ch. 
46,  R.  S.]  One  of  the  judges  of  such  election  shall  receive  the  ballot 
from  the  voter  and  shall  announce  the  residence  and  name  of  such 
voter  in  a  loud  voice ;  such  ballot  shall  be  folded  by  the  voter  in 
such  a  manner  that  the  contents  thereof  cannot  be  seen  without 
unfolding  such  ballot.  If  the  judges  of  election  are  satisfied  that 
the  person  offering  to  vote  is  a  legal  voter,  whose  name  is  registered 
on  the  regular  election  registry  books,  except  as  herein  otherwise  pro- 
vided for  localities  where  there  is  no  board  of  election  commissioners, 
and  are  satisfed  that  he  is  a   member   of   the  political  party  holding 


181 

such  primary  election,  and,  if  no  challenge  is  interposed,  the  judge 
receiving  such  ballot  shall  again  announce  to  the  clerks  of  election 
the  residence  and  name  of  the  person  offering  such  ballot,  and  such 
judge  shall  mark  with  pencil  or  ink  the  initials  of  his  own  name  on 
the  back  of  such  ballot  as  it  is  folded,  and  thereupon  such  judge, 
after  holding  up  and  showing  the  ballot  to  be  so  marked,  shall  immed- 
iately, in  the  presence  of  the  voter  offering  such  ballot,  and  keeping 
the  same  in  plain  view  of  the  judges  and  clerks  of  election  and  of 
such  voters  and  challengers  as  may  be  present,  deposit  into  the  slot 
of  the  ballot  box  the  ballot  thus  received  and  marked,  and  no  other; 
and  thereupon  the  clerks  of  election  shall  enter  upon  the  poll  books 
in  the  proper  column  the  name  and  proper  successive  number  of  each 
voter  and  his  residence.  The  judges  and  clerks,  and  each  of  them, 
shall  see  to  it  that  each  ballot  is  endorsed  as  aforesaid.  If  such  per- 
son shall  be  challenged  as  disqualified,  the  person  challenging  shall 
assign  his  reason  therefor,  and  thereupon  one  of  said  judges  shall 
administer  to  the  person  offering  to  vote  an  oath  to  answer  all  ques- 
tions truthfully,  and  if  he  shall  take  such  oath  he  shall  then  be  ques- 
tioned by  said  judge  or  judges  touching  such  cause  of  challenge  and 
touching  any  other  cause  of  disqualification,  and  he  may  also  be 
questioned  by  the  person  challenging  him  in  regard  to  his  qualifica- 
tions and  identity;  but  if  a  majority  of  the  judges  are  of  the  opinion 
that  he  is  the  person  so  registered  and  a  voter  qualified  to  vote  at 
such  party  primary  election,  his  vote  shall  then  be  received  and  de- 
posited. But  if  the  vote  of  a  person  apparently  registered  be  reject- 
ed by  such  judges,  such  person  may  afterwards  produce  and  deliver 
an  affidavit  to  such  judges,  subscribed  and  sworn  to  by  him  before 
one  of  said  judges,  in  which  it  shall  be  stated  how  long  he  has  resided 
in  any  precinct  within  such  primary  district  and  in  the  county  and 
State;  that  he  is  a  male  citizen  of  the  United  States  and  is  a  mem- 
ber of  the  political  party  holding  such  election,  and  is  a  duly  qual- 
ified voter  at  such  primary  election  in  such  district  and  that  he  is 
the  identical  person  so  registered  or  so  named.  But  the  affidavit 
aforesaid  shall  be  supported  by  an  affidavit  by  at  least  two  registered 
voters,  who  are  householders  residing  in  such  primary  district,  stating 
their  own  residence  and  that  they  know  such  person  to  be  a  member  of 
the  political  party  holding  such  primary  election,  and  that  such  person 
does  reside  at  the  place  mentioned,  and  has  resided  in  such  primary 
district  and  in  such  election  precinct,  county  and  State  for  the  length 
of  time  as  stated  by  such  person,  which  affidavit  shall  also  be  sub- 
scribed and  sworn  to  as  the  affidavit  last  aforesaid.  Whereupon  the 
vote  of  such  person  shall  be  received  and  entered  as  other  votes. 
But  the  clerks  having  charge  of  such  poll  books  shall  state  in  their 
respective  poll  books  the  facts  in  such  case  and  the  name  of  the  per- 
son challenging;  and  the  affidavits  so  delivered  to  said  judges  shall 
be  preserved  and  returned  to  the  officer  entitled  to  receive  them. 
Any  registered  voter  of  the  party  in  the  district  may  challenge. 
Blank  affidavits  of  the  character  aforesaid  shall  be  sent  out  to 
judges  of  all  the  districts  and  the  judges  of  election  shall  furnish 
the  same  on  demand  and  administer  the  oath  without  criticism. 
Such  oaths,  if  administered  by  any  other  officer  than  a  judge  of  elec- 


182 

tion,  shall  not  be  received:  Provided,  that  no  judge,  challenger  or 
other  person  shall  in  bad  faith,  or  for  purpose  of  delay,  challenge  or 
question  registered  voters  of  the  district. 

63.  Challenger.]  [§  397,  Ch.  46,  R.  8.]  The  judges  of  elec- 
tion shall  permit  each  different  ticket  of  delegates  to  be  represented 
by  a  challenger  chosen  by  a  majority  of  those  named  for  delegates 
on  any  particular  ticket.  Said  challengers  shall  be  protected  in  the 
discharge  of  their  duty  by  the  judges  of  election  and  the  police. 
Said  challengers  shall  be  permitted  to  remain  within  the  polling 
place  in  such  a  position  as  will  enable  them  to  see  each  person  as  he 
offers  his  vote  and  said  challengers  may  remain  within  the  polling 
place  throughout  the  canvass  of  the  vote  and  until  the  returns  are 
signed.  The  challengers  shall  be  permitted  to  remain  so  near  that 
they  can  see  the  judges  and  clerks  are  faithfully  performing  their 
duties. 

64.  Police.]  [§  398,  Ch.  46,  R.  S.]  The  judges  of  election  shall 
admit  one  or  more  policemen  to  be  present  in  said  polling  place  at  the 
time  of  such  canvass.  None  but  the  officers  of  such  primary  election, 
challengers  and  peace  officers  shall  occupy  such  polling  place  except 
for  the  purpose  of  voting. 

65.  Power  of  Judges.]  [§  399,  Ch.  46,  R.  S.]  The  judges 
of  election  shall  have  the  power  to  administer  and  certify 
oaths  required  during  the  progress  of  any  primary  election 
held  under  this  act,  and  they  shall  have  authority  to  keep  the 
peace,  and  to  cause  any  person  to  be  arrested  for  any  breach  of  the 
peace  or  for  any  breach  of  election  laws,  or  any  interference  with  the 
progress  of  such  election  or  of  the  canvass  of  the  ballots,  and  it  shall 
be  the  duty  of  all  officers  of  the  law  present  to  obey  the  orders  of  such 
judges  of  election,  and  an  officer  making  an  arrest  by  the  order  of 
any  judge  for  any  violation  of  the  provisions  of  this  act  shall  be  pro- 
tected in  making  such  arrest,  the  same  as  if  the  warrant  had  been  is- 
sued to  him  to  make  such  arrest. 

66.  Canvass  of  Votes.]  [§  400,  Ch.  46,  R.  S.]  Immediately 
upon  the  closing  of  the  polls  the  judges  and  clerks  shall 
proceed  to  canvass  the  votes  polled.  If  two  or  more  ballots  are 
found  folded  together  and  within  each  other,  so  as  to  appear  to  have 
been  cast  by  the  same  person  as  one  ballot,  and  the  inner  bal- 
lot or  ballots  are  without  the  proper  initial  mark,  as  provided  in  this 
act,  then  all  such  ballots  so  folded  together,  including  the  outer  one, 
whether  such  outer  one  is  properly  marked  on  the  back  thereof  as 
provided  in  this  act  or  not,  shall,  as  nearly  as  may  be,  in  the  same 
condition  as  found,  be  marked  "stuffed,"  and  such  ballots  shall  be 
void  and  shall  not  be  counted,  and  the  same  shall  be  placed  in  an  en- 
velope marked  "stuffed  ballots,"  which  envelope  shall  be  sealed  and 
preserved,  together  with  the  other  ballots.  If  the  ballots  remaining 
shall  be  found  to  exceed  the  number  of  names  entered  on  the  poll 
lists,  such  judges  and  clerks  shall  reject  the  ballots,  if  any  be  found 
upon  which  the  proper  initial  marks  do  not  appear.  If  the  number 
of  ballots  still  exceed  the  number  of  names  entered  on  such  poll  list, 
the  ballots  remaining  shall  be  replaced  in  the  ballot  box  and  the  box 


183 

closed  and  well  shaken,  and  again  opened,  and  one  of  the  judges  shall 
publicly  draw  out  and  destroy  so  many  ballots  unopened  as  shall  be 
equal  to  such  excess,  keeping  a  note  of  the  number  of  such  ballots 
and  noting  the  same  on  the  statement  of  returns.  Such  judges  and 
clerks  shall  then  proceed  to  count,  declare  and  record  the  votes  in  the 
following  manner:  The  judges  shall  open  all  the  ballots  and  place  in 
separate  piles  those  which  contain  the  same  names  throughout.  Each 
of  the  judges  shall  examine  such  separate  piles  and  exclude  from  such 
piles  any  ballots  which  do  not  contain  all  the  same  names  for  all  the 
same  conventions.  One  of  said  judges  shall  then  take  one  pile  of  the 
ballots  which  contain  the  same  names  and  count  them  carefully,  ex- 
amining each  name  and  convention  on  each  of  such  ballots.  Such 
judge  shall  then  pass  the  ballots  aforesaid  to  the  judge  sitting  next  to 
him,  who  shall  count  them  in  the  same  manner,  and  he  shall 
then  pass  them  to  the  third  judge,  who  shall  also  count  them 
in  the  same  manner.  The  third  judge  shall  then  call  the 
names  of  the  persons  named  in  such  ballots  and  the  con- 
ventions for  which  they  are  designated,  together  with  the  number  of 
votes  for  each  so  far  as  counted,  and  the  poll  clerks  shall  tally  the 
number  of  votes  for  each  of  such  persons  on  tally  sheets.  When 
such  judges  have  counted  through  such  first  pile  of  ballots  containing 
the  same  names,  and  when  the  poll  clerks  shall  have  tallied  the  votes 
for  each  of  the  delegates  named  in  such  ballots,  they  shall  then  take 
up  the  next  pile  of  ballots  containing  the  same  names  and 
shall  count  them  in  the  same  manner  as  last  aforesaid.  When 
the  counting  of  each  pile  of  ballots  which  contain  the  same 
names  shall  be  completed,  the  poll  clerks  shall  compare  their 
tallies  together  and  ascertain  the  total  number  of  ballots  of 
that  kind  so  canvassed,  and  when  they  agree  upon  the  number,  one 
of  them  shall  announce  it  in  a  loud  voice  to  the  judges.  The  judges 
shall  then  canvass  the  other  kind  of  ballots,  which,  in  names  or  con- 
ventions, do  not  correspond  with  one  another.  They  shall  be  can- 
vassed separately  by  one  of  the  judges,  sitting  between  two  other 
judges,  which  one  judge  shall  read  to  the  clerks  from  each  such  bal- 
lot each  name  and  the  convention  for  which  such  name  is  designated, 
and  the  other  judges  looking  at  the  ballot  at  the  same  time,  and  the 
poll  clerks  tallying  the  same.  When  all  these  ballots  have  been  can- 
vassed in  this  manner,  the  clerks  shall  compare  their  tallies  together 
and  ascertain  the  total  number  of  votes  received  by  each  person,  and 
when  they  agree  upon  the  number,  one  of  them  shall  announce  in  a 
loud  voice  to  the  judges  the  number  of  votes  received  by  each  person. 
67.  Adjournment  Prohibited — Statement  of  Votes — Returns.] 
[§  401,  Ch.  46,  R.  S.]  Such  canvass  shall  not  be  adjourned  or  post- 
poned until  the  several  statements  hereinafter  required  to  be  made  by 
the  judges  and  clerks  have  been  made  and  signed  by  then.  Upon  the 
completion  of  such  canvass  the  judges  of  election  shall  declare  the 
result  thereof,  and  such  declaration  shall  he  prima  facie  evidence  of 
the  result.  The  judges  of  election  shall  make  three  statements  of  all 
the  votes  cast  at  such  primary  election.  Such  statement  shall  be 
substantially  in  the  following  form: 


184 
REPUBLICAN  (OR  DEMOCRATIC). 

STATEMENT  OF  VOTES. 

State  of  Illinois,     ) 

[■  ss. 

County  of ) 

At  a  primary  election  held  on  the day A.  D.  19 . . 

between  the  honrs  of  12  o'clock  noon  and  7  o'clock  p.  m.,  at 

in  the primary  district  of  the ward,  of  the 

town  of of  the  city  of county  of 

and  State  of  Illinois,  the  following  named  persons  received  the  num- 
ber of  votes  annexed  to  the  (their)  respective  names  for  the  following 
described  conventions,  to-wit: 


received . . 

received . . 

received . . 

. .  . .  votes  for  city  convention 
. .  .  .votes  for  city  convention 
. .  . .  votes  for  city  convention 

• received . . . 

received . . . 

received . . . 

.  . .  votes  for  town  convention 
.  . .  votes  for  town  convention 
.  . .  votes  for  town  convention 

received . . . 

received . , . 

received . . . 

. . .  votes  for  ward  convention 
.  . .  votes  for  ward  convention 
.  . .  votes  for  ward  convention 

This  is  to  certify  that  the  foregoing  statement,  showing  the  total 
number  of  votes  for  each  of  the  above-mentioned  persons  for  the  con- 
ventions annexed  to  their  respective  names,  is  correct  in  every  re- 
spect. 

Given  under  our  hands  this -day  of A.  D. . . . 


Judges  of  Election. 
(Witnessed  by) 


Clerks  of  Election. 


185 

Such  statements  shall  show  the  whole  number  of  votes  given  for 
each  person,  and  the  convention  for  which  he  is  designated,  and  such 
judges  shall  certify  that  such  statements  are  correct  in  every  respect, 
and  the  clerks  of  election  shall  witness  the  same.  Each  such  state- 
ment and  each  sheet  of  paper  forming  a  part  of  such  statement  shall 
be  subscribed  by  the  judges  and  election  clerks.  If  any  judge  or 
clerk  shall  decline  to  sign  such  statements,  he  shall  state  his  reasons 
therefor  in  writing,  and  a  copy  thereof,  signed  by  himself,  shall  be 
enclosed  with  each  statement.  One  statement,  as  aforesaid,  of  the 
votes  cast  shall,  after  being  made  out  as  aforesaid,  be  attached  to  the 
poll  book;  another  statement  as  last  f foresaid  shall  be  enclosed  in  an 
envelope,  properly  endorsed  and  marked  by  such  judges,  and  the  same 
shall,  by  one  of  such  judges,  be  addressed  and  carried  to  the  office  of 
the  chairman  of  the  central  committee  or  managing  committee  of 
such  political  party,  who  filed  the  call  or  application  for  primaries,  and 
the  receipt  of  such  chairman  shall  be  taken  therefor.  Another  state- 
ment shall  be  enclosed  in  an  envelope,  which  shall  then  be  securely 
sealed,  and  each  of  the  judges  shall  write  his  name  across  every  fold 
at  which  the  envelope,  if  unfastened,  could  be  opened.  On  the  out- 
side of  such  envelope  shall  appear  substantially  the  following  words: 
"Statement  of   all   Republican  (or    Democratic)   votes   cast  at   the 

Primary  District  of  the ward  of  the  town  of 

county  of on  the day  of 

A.  D.  19...." 

The  envelope  last  aforesaid  shall  be  addressed  to  the  person,  officer, 
board  or  board  of  election  commissioners,  by  the  general  election  law 
charged  with  the  duty  of  receiving  and  preserving  election  returns, 
and  one  of  the  judges  shall  carry  the  same  to  such  person,  officer  or 
board,  as  the  case  may  be,  and  take  a  receipt  for  the  same. 

68.  Certificate  of  Election — Tie  Vote.]  [§  402,  Ch.  46,  R. 
S.]  The  judges  of  election  of  each  primary  district  shall  issue  a 
certificate  of  election  to  each  person  who  has  received  a  plurality  of 
all  the  votes  cast  for  delegates  or  alternate  delegates  to  any  particular 
convention  from  such  primary  district,  and  they  shall  deliver  the 
same  to  the  persons  entitled  thereto.  In  case  two  or  more  persons 
each  receive  the  same  and  the  highest  number  of  votes  cast  for  dele- 
gates or  alternate  delegates  to  the  convention,  then  the  judges  of 
election  shall  then  and  there  decide  by  lot  which  person  or  persons 
shall  be  entitled  to  such  certificate,  and  they  shall  issue  to  each  such 
person  so  chosen  such  certificate,  and  make  a  note  of  such  fact  upon 
the  statements  provided  for  in  this  act.  Such  certificate  of  election 
shall  be  evidence  prima  facie  of  the  right  of  the  person  therein 
named  to  a  seat  in  the  convention  therein  named. 

69.  Perjury  and  Subornation  of  Perjury— Penalty.]  [§  403, 
Ch.  46,  R.  S.]  Any  person  who  shall  wilfully,  corruptly  and  falsely 
swear  or  affirm  in  taking  any  oath  or  affirmation  prescribed  by  or  upon 
any  examination  provided  for  in  this  act,  a  ad  every  person  who 
shall  wilfully  and  corruptly  instigate,  advise,  induce  or  procure  any 
person  to  swear  or  affirm  falsely,  as  aforesaid,  or  attempt  or  offer  so 


186 

to  do,  shall  be  guilty  of  perjury,  or  subornation  of  perjury,  as  the 
case  may  be,  and  shall,  upon  conviction  thereof,  suffer  the  punish- 
ment directed  by  law  in  cases  of  wilful  and  corrupt  perjury. 

70.  Judge  or  Clerk  Refusing  to  Canvass  Votes  or  Make  Re- 
turns— Penalty.]  [§  404  Ch.  46,  R.  S.]  If  any  judge  or  clerk  shall 
neglect  or  refuse  to  canvass  the  votes  at  the  time  and  in  the  manner 
provided  for  in  this  act,  or  refuse  to  make  the  returns  required  in  this 
act,  he  shall,  upon  conviction  thereof,  be  adjudged  guilty  of  a  misde- 
meanor under  this  act. 

71.  False  Returns,  Etc.— Penalty.]  [§  405,  Ch.  46,  R.  S.] 
Every  judge  of  election,  clerk  or  other  officer  or  person  author- 
ized to  take  part  in  or  perform  any  duty  in  relation  to  any  can- 
vass or  official  statement  of  the  votes  cast  at  such  election  in  any  dis- 
trict, who  shall  wilfully  make  any  false  canvass  of  such  votes,  or  who 
shall  make,  enter,  write,  sign,  publish  or  deliver  any  false  return  of 
such  election,  or  any  false  statement  of  the  result  of  such  election,  or 
any  material  writing  incidental  to  such  election,  knowing  the  same  to 
be  false,  shall,  on  conviction  thereof,  be  adjudged  guilty  of  a  felony 
under  this  act. 

72.  Penalty  for  Refusing  Certificate  of  Election,  Etc.] 
[§  406,  Ch.  46,  R.  S.]  If  any  person  acting  as  a  judge  at  such  primary 
election  shall  wilfully,  fraudulently  and  without  lawful  excuse  refuse  to 
make  out,  sign  or  deliver  to  the  person  entitled  thereto  any  certificate  of 
election  as  delegate  or  alternate  delegate,  provided  for  in  this  act,  or 
shall  wilfully  and  fraudulently  make  out,  sign  and  issue  such  certifi- 
cate of  election  to  any  person  not  entitled  thereto,  or  shall  issue  such 
certificate  of  election  to  any  person  at  any  time  in  advance  of  the 
official  count  of  the  votes  at  such  polling  place,  or  shall  commit 
any  other  wilful  or  fraudulent  act  with  reference  to  such  certificate, 
such  person  shall,  upon  conviction  thereof,  be  adjudged  guilty  of  a 
felony  under  this  act. 

73.  Canvassing  Votes  When  Less  Than  Majority  Present — 
Penalty  for  Judge  Absenting  Himself.]  [§  407,  Ch.  46,  R.  S.] 
If  any  judge  of  a  primary  election  shall,  without  urgent  necessity, 
absent  himself  from  the  polling  place  during  election,  whereby  less 
than  a  majority  of  all  the  judges  of  such  election  district  shall  be 
present  during  such  hours  of  election  or  canvass  of  ballots;  or  if 
at  any  election  any  judge  of  election  or  clerk,  shall,  knowingly  and 
wilfully,  receive  any  vote,  or  proceed  with  the  canvass  of  ballots, 
or  shall  consent  thereto,  unless  a  majority  of  the  judges  of  elec- 
tion are  present  and  concur,  such  judge  or  such  clerk  shall  be  guilty 
of  a  misdemeanor  under  this  act. 

74.  Excluding  Vote — Receiving  Challenged  Vote — Penalty.] 
[§  408,  Ch.  46,  R.  S.]  Any  judge  of  election  who  shall  wilfully  ex- 
clude any  vote  duly  tendered  and  unchallenged,  knowing  that  the  per- 
son offering  the  same  is  lawfully  entitled  to  vote  at  such  election, 
or  who  shall  wilfully  receive  a  vote  from  any  person  who  has  been 
duly  challenged  in  relation  to  his  right  to  vote  at  such  election,  with- 


187 

out  exacting  from  such  person  such  oath  or  other  proof  of  qualifica- 
tions as  may  be  required  by  law,  shall,  upon  conviction  thereof,  be 
adjudged  guilty  of  a  misdemeanor  under  this  act. 

75.  Tampering  with  Ballots.]  [§  409,  Ch.  46,  R.  8.]  If  any 
judge  of  election  shall  knowingly  and  wilfully"  cause  or  permit  any 
ballot  or  ballots,  or  semblance  thereof,  to  be  in  the  ballot  box  at  the 
opening  of  the  polls  and  before  voting  begins,  or  shall  knowingly, 
wilfully  and  fraudulently  put,  or  permit  to  be  put,  any  ballot  or  other 
paper  having  the  semblance  thereof,  into  any  such  box  at  any  such 
election ; 

Or  if  any  person  other  than  a  judge  of  election,  shall  at  any  such 
election  wilfully  and  fraudulently  put,  or  cause  to  be  put,  any  ballot 
or  ballots,  or  other  paper  having  the  semblance  thereof,  into  any  box 
used  at  such  election  for  the  reception  of  votes ; 

Or  if  any  person  shall  at  such  election  fraudulently  change  or  alter 
the  ballot  of  any  elector  or  substitute  one  ballot  for  another; 

Or  if  any  such  judge  of  election  or  other  officer  or  person  shall 
fraudulently,  during  the  canvass  of  ballots,  in  any  manner  change, 
substitute  or  alter  any  ballot  taken  from  the  ballot  box  then  being 
canvassed,  or  from  any  ballot  box  which  has  not  been  canvassed; 

Every  such  judge  or  person  shall,  upon  conviction  thereof,  be  ad- 
judged guilty  of  a  felony  under  this  act. 

76.  Other  Acts  Declared  Misdemeanors.]  [§  410,  Ch.  46, 
R.  S.]  If  any  judge  of  election,  clerk  or  other  officer  of  election, 
of  whom  any  duty  is  required  in  this  act  or  by  the  general  laws  of 
this  State,  for  the  omission  of  which  duty  no  punishment  is  provided, 
shall  be  guilty  of  any  wilful  neglect  of  such  duty  or  of  any  corrupt 
or  fraudulent  conduct  or  practice  in  the  execution  of  the  same,  he 
shall,  upon  conviction  thereof,  be  adjudged  guilty  of  a  misdemeanor 
under  this  act. 

77.  Tampering  with  Ballot  Box,  Records,  Etc. — Penalty.] 
[§  411,  Ch.  46,  R.  S.]  Any  person  or  member  of  a  board,  or  any  judge 
of  election,  clerk  or  other  officer,  who  is  guilty  of  stealing,  wilfully 
and  wrongfully  breaking,  destroying,  mutilating,  defacing,  falsifying, 
or  unlawfully  removing  or  secreting  or  detaining  the  whole  or  any 
part  of  any  ballot  box  or  receptacle  for  ballots,  or  any  record,  registry 
of  voters,  or  copy  thereof,  oath,  return  or  statement  of  votes,  certi- 
ficate, poll  list,  or  of  any  paper  or  document  provided  for  in  this 
act ; 

Or  who  shall  fraudulently  make  any  entry,  erasure,  or  alteration 
therein,  except  as  allowed  and  directed  by  the  provisions  of  this  act, 
or  who  permits  any  other  person  so  to  do,  shall,  upon  conviction 
thereof,  be  adjudged  guilty  of  a  felony  under  this  act. 

Every  person  who  advises,  procures  or  abets  the  commission  of  any 
of  the  acts  mentioned  in  the  last  preceding  two  paragraphs,  shall,  upon 
conviction  thereof,  be  adjudged  guilty  of  a  felony  under  this  act. 

78.  Obstructing  Officers  or  Challengers — Penalty. J  [§  412, 
Ch.  46,  R.  S.]  If  any  person  knowingly  or  wilfully  shall  obstruct, 
hinder  or  assault,  or  by  bribery,  solicitation  or  otherwise  interfere 


188 

with  any  judge  of  election,  clerk  or  challenger,  in  the  performance  of 
any  duty  required  of  him,  or  which  he  may  be  by  law  authorized  or 
permitted  to  perform; 

Or  if  any  person,  by  any  of  the  means  before  mentioned  or  other- 
wise unlawfully  shall,  on  the  day  of  election,  hinder  or  prevent  any 
judge  of  primary  election,  clerk  or  challenger,  in  his  free  attendance 
and  presence  at  the  place  of  election  in  the  primary  election  district 
in  and  for  which  he  is  appointed  or  designated  to  serve; 

Or  in  his  full  and  free  access  and  egress  to  and  from  any  such  place 
of  election; 

Or  shall  molest,  interfere  with,  remove  or  eject  from  any  such  place 
of  election  any  such  judge  of  election,  clerk  or  challenger,  except  as 
otherwise  provided  in  this  act,  or  shall  unlawfully  threaten,  or  attempt 
or  offer  so  to  do; 

Every  such  person  shall  be  deemed  guilty  of  a  misdemeanor  under 
this  act. 

79.  Disobeying  Lawful  Command  of  Judge — Penalty.]  §  413 
Ch.  46,  R.  S.]  If  any  person  shall  wilfully  disobey  any  lawful  com- 
mand of  any  judge  of  election,  given  in  the  execution  of  his  duty  as 
such,  at  any  such  primary  election,  he  shall,  upon  conviction  thereof, 
be  adjudged  guilty  of  a  misdemeanor  under  this  act. 

80.  Causing  Breach  of  Peace,  Etc.— Penalty.]  [§414,  Ch.  46, 
R.  S.]  If,  on  any  day  of  primary  election,  or  during  the  canvass 
of  the  votes  cast  thereat,  any  person  shall  cause  any  breach  of  the 
peace  or  be  guilty  of  any  disorderly  violence,  or  threats  of  violence 
whereby  any  such  election  or  canvass  shall  be  impeded  or  hindered, 
or  whereby  the  lawful  proceedings  of  any  judge  of  election  or  clerk, 
or  other  officer  of  such  election  or  challenger,  are  interfered  with,  or 
causes  intoxicating  liquors  to  be  brought  or  sent  to  the  polling  place, 
-every  such  person  shall,  upon  conviction  thereof,  be  guilty  of  a  mis- 
demeanor under  this  act. 

81.  Illegal  Voting— Penalty.]  .[§  415,  Ch.  46,  R.  S.]  Any 
person  who  votes  with  a  certain  party  at  such  primary  election, 
when  he  knows  he  is  not  qualified  so  to  vote  under  the  provisions  of 
this  act,  shall  upon  conviction  thereof,  be  deemed  guilty  of  a  misde- 
meanor under  this  act. 

82.  Convicts  Voting -Penalty.]  [§  416,  Ch.  46,  R.  S.J  If 
any  person  who  shall  have  been  convicted  of  bribery,  felony  or 
other  infamous  crime  under  the  laws  of  any  state,  and  who  has 
never  received  a  pardon  for  such  offense  from  the  officer  or  board 
entitled  to  grant  such  pardon,  shall  thereafter  vote,  or  offer  to  vote,  at 
any  primary  election  in  such  city,  village  or  incorporated  town,  he 
shall,  upon  conviction  thereof,  be  adjudged  guilty  of  a  misdemeanor 
under  this  act. 

83.  Waiting  in  Line  of  Voters — When  a  Misdemeanor — 
Penalty.]  [§  417,  Ch.  46,  R.  S.]  If  any  person,  knowing  that  he  is 
not  qualified  to  vote  at  such  primary  election,  takes  a  place  in  any 
line  of  voters  waiting  to  vote  at  any  election,  or  if  any  person,  after 
having  voted  at  such  election,  takes  a  place  in  such  waiting  line,  or  if 


189 

any  person  repeatedly  takes  a  place  in  such  waiting  line  without  vot- 
ing when  the  opportunity  comes,  and  who  systematically  gives  up 
his  place  in  such  waiting  line,  such  person  shall,  upon  conviction 
thereof,  be  adjudged  guilty  of  a  misdemeanor  under  this  act. 

84.  Personating  Elector — Voting  More  Than  Once— Pen- 
alty.] [§  418,  Ch.  46,  R.  S.]  If  at  any  such  election,  any  person 
shall  falsely  personate  any  elector  legally  qualified  to  vote  at  such  pri- 
mary election,  and  vote,  or  attempt  or  offer  to  vote,  in  or  upon  the 
name  of  such  elector  or  other  person,  living  or  dead;  or  shall  know- 
ingly, wilfully  or  fraudulently  vote,  or  attempt  or  offer  to  vote  more 
than  once,  or  vote  in  more  than  one  primary  district;  or  shall  by 
force,  threat,  menace,  intimidation,  bribery  or  reward,  or  offer  or 
promise  thereof,  or  otherwise  unlawfully,  either  directly  or  indirectly, 
influence  or  attempt  to  influence  any  elector  in  giving  his  vote; 

Or  shall  unlawfully  prevent  or  hinder,  or  unlawfully  attempt  to 
prevent  or  hinder,  any  qualified  voter  from  freely  exercising  the 
right  of  suffrage; 

Or  shall,  by  any  such  unlawful  means,  compel  or  induce,  or  at- 
tempt to  compel  or  induce,  any  judge  of  election  or  other  officer  to 
receive  the  vote  of  any  person  not  legally  qualified  or  entitled  to  vote 
at  the  said  election ; 

Or  by  any  such  means,  or  other  unlawful  means,  wilfully,  know- 
ingly or  fraudulently  counsel,  advise,  induce,  or  attempt  to  inducer 
any  judge  of  election  or  other  officer  of  election,  whose  duty  it  is  to 
ascertain,  proclaim,  announce  or  declare  the  result  of  any  such  elec- 
tion, to  give  or  make  any  false  certificate,  document,  report,  return  or 
other  false  evidence  in  relation  thereto,  or  to  refuse  to  comply  with 
his  duty,  as  specifically  provided  for  in  this  act,  or  to  refuse  to  receive 
the  vote  of  any  person  entitled  to  vote  therein; 

Or  shall  aid,  counsel,  advise,  procure  or  assist  any  legally  qualified 
voter,  person  or  judge  of  election,  or  other  officer  of  election,  to  do 
any  act  by  law  forbidden,  or  in  this  act  constituted  an  offense; 

Every  such  person  shall,  upon  conviction  thereof,  be  adjudged 
guilty  of  a  misdemeanor  under  this  act. 

85.  Bogus  Ballots  and  Tickets— Penalty.]  [§  419,  Ch.  46r 
R.  S.]  If  any  person  shall,  at  any  such  election,  fraudulently  fur- 
nish any  elector  with  a  ballot  containing  more  than  the  proper  num- 
ber of  names ; 

Or  shall  intentionally  practice  any  fraud  upon  any  elector  to  induce 
him  to  deposit  a  ballot  as  his  vote,  and  to  have  the  same  thrown  out 
and  not  counted,  or  to  have  the  same  counted  for  a  person  or  candi- 
date other  than  the  person  or  candidate  for  whom  such  elector  in- 
tended to  vote;  or  otherwise  defraud  him  of  his  vote;  or  if  any 
person  shall  order  or  cause  to  be  printed  a  bogus  or  partly  bogus  pri- 
mary ticket,  or  a  primary  ticket  of  delegates  or  alternates  without  first 
having  secured  the  consent  of  each  person  named  on  such  ticket  to 
stand  as  delegate  or  alternate  delegate  for  a  specified  convention  on 


190 

that  particular  ticket  of  names;  or  if  any  person  causes  to  be  brought 
or  sent  to  the  vicinity  of  a  polling  place  such  unauthorized  tickets  in 
order  that  they  may  be  distributed; 

Every  such  person  shall,  upon  conviction  thereof,  be  adjudged  guilty 
of  a  misdemeanor  under  this  act. 

86.  Obtaining  False  Certificate  of  Election  as  Delegate, 
Etc.— Penalty.]  [§  420,  Ch.  46,  R.  S.]  Any  person  who  shall 
make,  seek  or  obtain  for  himself  or  another,  a  false  certificate  of 
election  as  delegate  or  alternate  delegate  to  any  convention,  knowing 
that  he  or  such  other  person  is  not  entitled  thereto,  and  any  person 
who  shall  use,  or  attempt  to  use,  such  certificates  of  election,  know- 
ing the  same  to  be  false  or  fraudulent,  or  to  have  been  issued  for 
another  person;  and  any  person  who  shall  fraudulently,  knowingly 
and  without  right,  act  as  a  delegate  or  alternate  delegate  to  any  such 
convention  shall,  upon  conviction  thereof,  be  adjudged  guilty  of  a 
felony  under  this  act. 

87.  Other  Acts  and  Omissions  of  Duties  Made  Misdemeanor.] 
[§  421,  Ch.  46,  R.  S.]  If  any  person  shall  commit  any  act  prohibited 
herein,  or  refrain  from  doing  any  act  or  duty  required  to  be  done 
herein,  and  if  any  person  shall  in  any  manner  be  guilty  of  a  violation 
of  this  act,  whether  the  same  is  denominated  an  offense  or  not,  and 
for  which  no  punishment  is  herein  specifically  provided,  such  person 
shall,  upon  conviction  thereof,  be  adjudged  guilty  of  a  misdemeanor 
under  this  act. 

88.  Punishment  for  Misdemeanor  and  Felony.]  [§  422,  Ch.  46, 
R.  S.]  Any  person  adjudged  guilty  of  an  offense  denominated  a 
misdemeanor  under  this  act  shall  be  fined  not  less  than  twenty-five 
dollars  ($25)  nor  more  than  one  thousand  dollars  ($1,000),  or  shall  be 
imprisoned  in  the  county  jail  not  less  than  one  month  nor  more 
than  two  years,  or  any  such  person  may  be  punished  by  both  such 
fine  and  imprisonment. 

Any  person  adjudged  guilty  of  an  offense  denominated  a  felony  in 
this  act  shall  be  punished  by  imprisonment  in  the  penitentiary  for 
not  less  than  one  year  nor  more  than  five  years. 

89.  "Householder"  Defined.]  [§  422,  Ch.  46,  R.  S.]  The  word 
"householder,"  as  used  in  this  act,  shall  mean  the  chief,  or  head  of 
a  family,  who  resides  with  a  family  as  a  family,  and  who  supports 
and  provides  for  such  family  as  an  independent  family. 

90.  Contests  and  Prosecutions — Documents  and  Papers  as 
Evidence.]  [§  424,  Ch.  46,  R,  S.]  In  all  prosecutions  and  in  all 
contests  under  this  act  it  shall  be  the  lawful  duty  of  the  clerk  of  the 
county,  or  of  the  board  of  election  commissioners,  or  other  officers 
having  the  custody  thereof,  to  produce,  open,  exhibit  and  offer  in 
evidence  any  notice,  ballot  book,  registry  book,  bundle  of  ballots,  re- 
turns, statements,  or  other  documents  or  papers  relating  to  the  par- 
ticular prosecution  or  contest  for  the  purpose  of  enabling  a  full  in- 
vestigation. 

91.  Irregularities  and  Defects  no  Defense — Judicial  Notice 
Taken  of  This  Act.]  [§  425.  Ch.  46,  R.  S.]  Irregularities  or  de- 
fects in  the  mode  of  calling,  noticing,  convening,  holding  or  conduct- 


191 

ing  any  primary  election  authorized  by  law  shall  constitute  no  defense 
to  a  prosecution  for  a  violation  of  this  act.  When  an  offense  shall  be 
committed  in  relation  to  any  primary  election  an  indictment  for  such 
offense  shall  be  sufficient,  if  it  allege  that  such  election  was  auth- 
orized by  law,  without  stating  the  call  or  notice  of  election  aforesaid, 
the  names  of  the  judges  or  clerks  holding  such  election,  or  the  names 
of  the  persons  voted  for  -at  such'  election.  Judicial  notice  shall  be 
taken  of  this  act  in  any  county,  city,  village  or  incorporated  town  to 
which  this  act  shall  apply  and  of  the  holding  of  any  election  there- 
under on  any  primary  election  day. 

92.  Repeals  Act  1889.]  [§  426,  Ch.  46,  R.  S.]  In  counties,  cities, 
villages  or  incorporated  towns  to  which  this  act  shall  apply,  as  here- 
inafter provided,  the  act  entitled,  "An  act  to  regulate  primary  elec- 
tions of  voluntary  polictical  associations,  and  to  punish  frauds  there- 
in," approved  June  6,  1889,  and  in  force  July  1,  1889,  is  hereby  de- 
clared to  be,  and  the  same  is  and  shall  be,  inoperative  and  of  no  force 
and  effect;  and  the  adoption  of  this  act  shall  have  the  force  and  effect 
of  repealing  all  laws  and  parts  of  laws  inconsistent  therewith  within 
the  municipality  adopting  this  act. 

93.  How  This  Act  May  be  Adopted — In  Force  in  Counties  of 
125,000.]  [§  427,  Ch.  46,  R.  S.]  The  electors  of  any  county,  city, 
village  or  incorporated  town  now  existing  or  hereafter  existing,  in 
this  State,  may  adopt  and  become  entitled  to  the  benefit  of  this  act 
in  the  following  manner. 

Whenever  1,000  of  the  legal  voters  of  such  county,  city,  village  or 
incorporated  town,  voting  at  the  last  preceding  election,  shall  petition 
the  judge  of  the  county  court  of  such  county  to  submit  to  a  vote  of 
the  electors  of  said  county,  city,  village  or  incorporated  town,  respec- 
tively; the  proposition  as  to  whether  such  county,  city,  village,  or  in- 
corporated town,  respectively,  and  the  electors  thereof  shall  adopt 
and  become  entitled  to  the  benefits  of  this  act,  it  shall  be  the  duty  of 
such  county  court  and  the  judge  thereof  to  submit  such  proposition 
accordingly  at  the  next  succeeding  general,  State  or  county  election, 
and  if  such  proposition  is  not  adopted  at  such  election,  the  same 
shall,  in  like  manner,  be  submitted  to  a  vote  of  the  electors  of  such 
county,  city,  village  or  incorporated  town  by  such  county  court,  and 
the  judge  thereof,  upon  like  application,  at  any  general,  State  or 
county  election  thereafter,  and  an  order  shall  be  entered  of  record  in 
said  county  court,  submitting  the  proposition,  as  aforesaid.  If  1,000 
shall  exceed  one-eighth  of  the  legal  voters  of  such  county,  city,  vil- 
lage, or  incorporated  town,  respectively,  voting  at  the  last  preceding 
election,  then  such  petition  or  application  need  not  be  signed  or  made 
by  more  than  one-eighth  of  the  legal  voters  of  such  county,  city,  vil- 
lage or  incorporated  town  voting  at  the  last  preceding  election. 

The  judge  of  said  county  court  shall  give  at  least  ten  days'  notice 
of  election  at  which  such  proposition  is  to  be  submitted  by  publish- 
ing such  notice  in  one  or  more  newspapers  published  in  the  county 
for  at  least  five  times,  the  first  publication  to  be  at  least  ten  days  be- 
fore the  day  of  election;  and  if  no  newspaper  is  published  in  said 
county,  then  by  posting  at  least  twenty- five  copies  of  such  notice  in 


192 


twenty-live  of  the  most  prominent  places  in  such  county,  city,  village 
or  incorporated  town,  respectively,  at  least  ten  days'  before  such  elec- 
tion. Such  election  shall  be  held  under  the  election  law  in  force  in 
such  county,  except  as  herein  otherwise  provided.  The  proposition 
so  to  be  voted  for  shall  be  on  a  separate  ballot,  in  plain,  prominent 
type,  and  shall  be  prepared  and  provided  for  that  purpose  in  the 
same  manner  as  other  ballots,  and  shall  be  substantially  in  the  fol- 


lowing  form: 

For   adoption   of  the  act  for  primary  elections  of 
political  parties 

Yes. 

No. 

If  the  majority  of  the  votes  cast  upon  such  proposition  shall  be 
voted  for  such  proposition,  this  act  shall  thereby  be  adopted  by  such 
county,  city,  village  or  incorporated  town,  respectively,  and  the  judge 
of  the  county  court  of  the  county  shall  thereupon  enter  of  record  an 
order  declaring  this  act  in  force  in  all  parts  of  such  county,  city,  vil- 
lage or  incorporated  town,  respectively. 

Provided,  that  in  counties  of  125,000  inhabitants  or  more  this  act 
shall  be  in  full  force  and  effect  without  submitting  the  question  of 
its  adoption  to  a  vote  of  the  people. 

And,  provided  further,  that  in  counties  of  less  than  125,000  inhab- 
itants which  may  have  heretofore  adopted  the  provisions  of  this  act, 
none  of  the  provisions  of  this  act  shall  be  operative  unless  hereafter 
adopted  regularly  by  such  county  in  the  manner  herein  provided. 


FORMS 


PREPARED  BY  THE  SECRETARY  OF  STATE 

In  Conformity  with  the  Provisions  of  the  Statutes. 


13  E  L 


195 

[To  be  filed  ivith  the  Secretary  of  State  not  less  than  30  days  before  the  election.  ] 

STATE  OF  ILLINOIS. 
Certificate  of  Nomination  for  State  Offices. 


To  the  Secretary  of  State,  Springfield,  III.  : 

We,  the  undersigned,  in  accordance  with  the  law  relating-  thereto,  do  hereby 

certify  that  at  a  convention  of  delegates  representing  the •. 

party,  held  in  the  city  of county  of .  .  and 

State  of  Illinois,  on  the day  of ,  A.  D.  190.  . ,  the 

following  nominations  were  made  for  the  offices  herein  designated,  viz. : 


Office  to  be 
Filled. 

Name  of  Candidate. 

Party. 

Residence. 
(Street  and  No.,  if  any.) 

of Illinois, 

Secretary  of  the  Convention. 


of Illinois, 

Chairman  of  the  Convention. 


State  of  Illinois,  \ 
County.  fss' 

Personally  appeared  before  me  this day  of A.  D. 

190 and ' ,  whose 

names  are  subscribed  to  the  above  certificate,  who,  being  duly  sworn, on  their 
oath  say  that  they  severally  subscribed  the  same  as  chairman  and  secretary, 
respectively,  of  the  convention  aforesaid,  and  that  the  same  is  true  to  the  best 
of  their  knowledge  and  belief. 


[Imp.  of  Seal.] 


Notary  Public. 


196 

[To  be  filed  with  the  Secretary  of  State  at  least  30  days  before  the  election.] 

STATE  OF  ILLINOIS. 


Certificate  of  Nomination  for  District  Offices. 

To  the  Secretary  of  State,  Springfield,  111.: 

We,  the  undersigned,  in  accordance  with  the  law  relating  thereto,  do  certify 

that  at  a  convention  of  delegates  representing  the 

party  in  the. .  . district,   State  of  Illinois,  held  in  the 

of ,  county  of and  State  of  Illinois, 

on  the day  of A.  D.  190 .  . ,  the  following 

nominations  were  made  for  the  offices  herein  designated,  viz.: 


Office  to  be                   XT           , ,,      ...  . 
billed.                         Name  of  Candidate. 

■  1 

Party. 

Residence. 
(Street  and  No.,  if  any.) 

of Illinois. 

Secretary  of  the  Convention, 


of Illinois, 

Chairman  of  the  Convention. 


State  of  Illinois, 


.County,    f 


ss. 


Personally  appeared  before  me  this day  of A.  D. 

190 .. , and ,  whose 

names  are  subscribed  to  the  above  certificate,  who,  being  duly  sworn,  on  their 
oaths  say  that  they  severally  subscribed  the  same  as  chairman  and  secretary, 
respectively,  of  the  convention  aforesaid,  and  that  the  same  is  true  to  the 
best  of  their  knowledge  and  belief. 


[Imp.  of  Seal.] 


Notary  Public. 


197 

[To  be  filed  with  the  County  Clerk  not  less  than  30  days  before  the  day  of  election.] 

STATE  OF  ILLINOIS. 
Certificate  of  Nomination  for  County  Offices. 


To  the  County  Clerk  of County, Illinois: 

We,  the  undersigned,  in  accordance  with  the  law  relating-  thereto,  do  hereby 

certify  that  at  a  convention  of  delegates  representing  the 

party,  in  the  county  of State  of  Illinois,  held  in 

the of ,  county  of and  State  of 

Illinois,  on  the day  of A.   D.  190 .. ,  the  following 

nominations  were  made  for  the  offices  herein  designated,  viz. : 


Office  to  be 
Filled. 

Name  of  Candidate.                      '   Party. 

1 

Residence. 
(Street  and  No.,  if  any.) 

of Illinois, 

Secretary  of  the  Convention. 


of Illinois, 

dhairman  of  the  Convention. 


State  of  Illinois, 


County,  ) 


ss. 


Personally  appeared  before  me  this day  of A.  D- 

190 .  . ,    and ,  whose 

names  are  subscribed  to  the  above  certificate,  who,  being  duly  sworn,  on  their 
oaths  say  that  they  severally  subscribed  the  same  as  chairman  and  secretary, 
respectively,  of  the  convention  aforesaid,  and  that  the  same  is  true  to  the 
best  of  their  knowledge  and  belief. 


[Imp.  of  Seal.] 


Notary  Public. 


198 

[To  be  filed  with  the  city,  town  or  village  clerk  at  least  15  days  before  the  election.] 

STATE  OF  ILLINOIS. 

Certificate  of  Nomination  for  City,  Town  and  Village  Offices. 


To  the Clerk of Illinois: 

We,  the  undersigned,  in  accordance  with  the  law  relating-  thereto,  do  hereby 

certify  that  at  a representing  the party 

in  the.  . ." of count/  of and 

the  State  of  Illinois,  and  held  for  that  purpose  in  the 

of county  of and  State  of 

Illinois  on  the day  of A.  D.   190.  .,  the  following 

nominations  were  made  for  the  offices  herein  designated,  viz: 


Office  to  be 
filled. 

Name  of  Candidate. 

Party. 

Residence. 
(Street  and  No.  if  any.) 

. 

* 

of Illinois, 

Secretary  of  the  Convention. 


of Illinois, 

Chairman  of  the  Convention. 


State    of  Illinois,  ) 

County,  f  -  • 

Personally  appeared  before  me  this day  of A.  D. 

190. .,  and whose  names 

are  subscribed  to  the  above  certificate,  who,  being  duly  sworn,  on  their  oaths 
say  that  they  severally  subscribed  the  same  as  chairman  and  secretary,  re- 
spectively, of  the aforesaid,  and  that  the  same  is  true  to  the  best 

of  their  knowledge  and  belief. 


[Imp.  of  Seal.] 


Notary  Public. 


199 

[To  be  filed  with  the  Secretary  of  State  or  proper  clerk  forthwith.] 

STATE  OF  ILLINOIS. 

Certificate  of  Nomination  to  fill  Vacancies. 

To  the Illinois: 

We,  the  undersigned,  in  accordance  with  the  law  relating-  thereto  do  hereby 

certify,  that  at  a  convention  of  delegates  representing  the 

party,  (which  said party  polled  more  than  2  per  cent  of  the 

entire  vote  cast  at  the  last  preceding  election)  held  in  the  city  of 

,  county  of ,  and  State  of  Illinois,  on  this 

day  of ,  A.  D.  190 .  . .  . ,  among  others residing 

in ,   in  the of 

county  of . .,  and  State  aforesaid,  was  nominated  for  the  office 

of ;  that  on  the day  of 

A.  D.  190 ,  the  said 

thereby  causing  a  vacancy  in  the  nomination  for  said  office,  and  that  in  ac- 
cordance with  the  provisions  of  law  relating  thereto,  nominations  have  been 
made  for  the  tilling  of  said  vacancy,  as  follows,  viz.: 

Office  to  be  filled 

Name  of  candidate 

Party 

Residence 

[One  of  the  three  following  forms  for  certificate  to  be  used,  as  the  case  may  require.J 

We  further  certify,  that  said  nomination  was  made  by  a  convention  of  dele- 
gates representing  the  said .party,  duly  called,  and  held  in 

the of ,  county  of ,and 

State  of  Illinois,  on  the day  of ,  A.  D.   190 .  .  .  . ,  for 

the  purpose  of  filling  such  vacancy. 

We  further  certify,  that  the  time  within  which  a  convention  of  delegates 

representing  said ' party  might  be  called  and  held,  for  the 

purpose  of  filling  such  vacancy,  being  insufficient,  this  nomination,  for  the 
purpose  of  filling  the  aforesaid  vacancy,  is  made  pursuant  to  the  manner  fol- 
lowing, provided  by  the  convention  or  caucus  first  mentioned,  that  is  to  say, 


We  further  certify,  that  the  time  within  which   a  convention  of  delegates 

representing  said party  might  be  called  and  held,  for  the 

purpose  of  filling  such  vacancy,  being  insufficient,  and  the  convention  having 
made  no  provision  therefor,  the  subscribers,  being  the  regularly  elected 
(general  or)  executive  committee  representing  such  party  have  designated 
the  person  above  named  as  the  candidate  of  said  party  for  the  office  herein 
mentioned. 


of Illinois.  of .  .■ Illinois. 

Secretary  of  Committee  Chairman  of  Committee. 

State  of  Illinois  )  • 

County  i  SN" 

Personally  appeared  before  me,  this day  of A.  D. 

190 .... , and ,  whose   names  are  subscribed  to 

the   above  certificate,  who  being  duly  sworn,  on  their  oaths  say,  that  they 

severally  subscribed  the  same  as and .' '.  and  that  the  same 

is  true  to  the  best  of  their  knowledge  and  belief. 


[Imp.  of  Seal.]  Notary  Public. 


200 


[To  be  filed  with  the  Secretory  of  State  before  12:00  o'clock  noon  of  the  day  before 

Primary  Election  A 


NOMINATION  PAPER- 


(CONGRESSIONAL    OK    LEGISLATIVE.) 

. .  .th district- 


We,  the  undersigned  qualified  voters  of  the  . . 

here  nominate ,  .of county 

of ,  State  of  Illinois,  as  the  candidate  of 

the. party  for  the  office  of for  the 

district  aforesaid,  and  we  certify  that  we  have  not  voted  at  a  primary  election 
nor  signed  any  other  petition  for  the  nomination  of  any  candidate  for  the 
office  aforesaid: 


Signatures. 

Address;  with  street  number  in 
cities  of  10.000. 

1 

* 

3 

4 



5 

« 

7 

* 

9 

ID 

11 

it 

13 

14 

15 

lfl 

17 

18 

- 

l(i 

"0 

•'1 

?? 

• 

n 

?a 

•'-, 

*'          I 

State  of  Illinois, 

County,  f  ss'         I, ,  an  adult 

resident  of  the th district,  hereby  certify  that  my 

residence  address  is  No street,  ,  Illinois: 

that  the  signatures  on  this  sheet  were  signed  in  my  presence  and  are  genuine: 
that,  to  the  best  of  my  knowledge  and  belief,  the  persons  so  signing  were,  at 
the  time  of  signing,  qualified  and  duly  registered  voters  of  the  district  afore- 
said and  that  their  respective  addresses  are  correctly  stated  therein. 

r  ^        Subscribed  and  sworn  to  before  me  this day 

tSEAT'J    of A.  D.  190 

Notary  Public. 


201 

[Form  of  receipt  for  ballots  delivered  by  clerks.     See  Article  VII,  Section  4,] 

190 

Received  of Clerk 

of 

packages  of ballots 

each,  total for  use  ac  an  election  to  be  held 

at on  the 

day  of 190 


}>   Judges. 
I 

J 


[Form  of  receipt  for  ballots  returned  by  judges.     See  Article  X,  Section  10.] 

190 

Received  of 

(   Judges  of  Election. 


ballots  not  voted  and ballots 

spoiled,  being-  the  number  remaining-  after  closing  the   polls  at  an    election 

held  at on  the day 

of 190 

No.  ballots  voted,       -      -      

No.  ballots  spoiled,         -         Clerk 

No.  ballots  not  voted,      -       of 


Total, 


202 


[Form  for  page  for  record  of  ballots  delivered  to  be  kept  by  clerks. — See 
Article  X,  Section  10.] 

RECORD  OF  BALLOTS  DELIVERED  BY  CLERKS. 


To  whom 
delivered. 


Name 

of  polling 

place. 


No. 
deliv- 
ered. 


Time 
deliv- 
ered. 


No. 

not 

voted. 


No. 

spoiled. 


No. 
returned. 


Time 
returned. 


By  whom 
returned. 


203 


INDEX  TO   ELECTION  LAWS. 


General  Elections. 


Affidavits:  Page. 

Of  voter 42 

Of  witness 43 

Amendments: 

Constitutional,  publication  of 78 

Constitutional ,  voting  on 38 

Apportionment  : 

Congressional 67 

Judicial- 
Appellate  courts 76 

Circuit  courts 10,77 

Supreme  courts 75. 

Representative  and  Senatorial 8,69 

Attorney  General: 
Election,  term,  residence,  duties 9,16 

Auditor  of  Public  Accounts: 
Election,  term, residence,  duties ,16 

Ballot : 

All  votes  by 14 

Forms  of 36,37,78 

Publication  of 38, 40 

Separate  for  propositions  to  be  voted 

on 38,78 

Ballot  Boxes:    ' 

County  board  to  provide 40 

Publicly  exhibited,  locked,  keys  to 44 

Ballots: 

Blank  form  of  receipt  for 201 

Canvass  and  disposition  of 48 

Cumulative 39, 47 

Form  of— how  printed  and  by  whom. .. 

37,38,40,43 

Mannerof  prepaiing 45 

Manner  of  voting , 45 

Pasters  on 35 

Printed  at  public  expense 36 

Recoid  of  ballots  delivered 202 

Specimens  to  be  posted 40 

Spoiled  and  not  counted 47 

To  be  counted  in  contest ». .    57 

Unlawful  exhibition  of 61 

What  to  contain 36, 38, 43 

Women's 43 

Board  of  Equalization: 
Election  of  members,  term,  etc 17 

Board  of  Registration: 

Compensation  of  members 30 

Meeting,  duties,  etc 26,30 

Offenses  and   penalties 63 


Booths:                                               Page. 
Description,  number,  stationery  for 41 

Candidates: 

Death— declination ,  etc 34 

Nomination  of 30,31 

To  fill  vacancy 35 

Withdrawal,  vacancy,  etc 33 

Canvass  of  Ballots: 
How  made,  proclamation,  etc 48 

Canvass  of  Returns: 

How  made  by  county  clerk 52 

How  made  by  Secretary  of  State 53 

Proclamation  by  Governor 53 

Certificates: 
Of  Election— 0 

Issued  by  county  clerk 52 

Issued  by  Governor 53 

Of  Nomination— 
(Blanks)— 

For  city,  town  or  village  office 198 

For  county  office 197 

For  district  office 196 

For  State  office 195 

For  vacancies  to  be  filled 199 

By  petition 31 

Objections  to,  how  decided 34 

Where  filed 33 

Withdrawal,  vacancy,  etc 33 

Challengers: 
Two  allowed  for  each  party 52 

Clerks: 
General   provisions    concerning    elec- 
tion of 18 

City,  Village  or  Town- 
Charged  with  printing  and  distribu- 
tion of  ballots ...37.40 

County- 
Blank  form  cf  receipt  for  ballots 201 

Duty  in  canvassing  returns 52 

Duty  in  case  of  tie  vote 52 

Election,  term,  etc 18 

Have  charge  of  printing  ballots,  etc. 37, 40 

1  ssues  certificates  of  election 52 

Makes  returns  to  Secretary  of  State  ..  52 

Neglect  of  duty 62 

R ecord  of  ballots  delivered 202 

To  furnish  blanks,  poll  books,  etc 41 


204 


Index,  General  Elections — Continued. 


CLER  KS—  Concluded. 

Page. 

COURTS—  Concluded. 

Page. 

Of  Courts— Concluded. 

Supreme— 

Appellate,  election,  term,  etc 

....     18 
....     18 

A  pportionment 

....     75 

Circuit,  election,  term,  etc 

Chief  Justice— election, term, etc . . 

....      9 

City,  election,  term,  etc 

....     18 

Clerks— election,  term,  etc 

Judges— election,  term,  etc 

. . 10, 18 

Cook  county,  election,  term,  etc 

...10,18 

.9,12,17 

Criminal,  election,  term,  etc 

....     18 

Probate,  election,  term,  etc 

....     18 

Cumulative  Votes: 

Superior,  election,  term,  etc 

....     18 
.     10,18 

How  voted 

. ..39,47 

Supreme,  election,  term,  etc 

Of  Election- 

Elections: 

Appointments,  oath,  etc 

....     25 
....     29 

Calendar  of 

7 

Compensation 

Contesting,  notices,  depositions,  etc 

....     54 

Offenses  and  penalties 

61 

....     44 

Commissioners  : 

No  adjournment  or  recess 

Primary— see  '  'Primary   Elections" 

....     45 
in- 

County- 

dex  

....  207 

Cook  countv,  election,  term,  etc 

...11,20 

Proclamation  on  opening  and  closing 

Election,  term,  etc 

...11,20 

polls 

....     44 

Of  Elections — 

Returns,  canvass  of 

...52,53 

Charged  with  printing  and  distribu- 
tion of  ballots    . 

Time  polls  kept  open 

....     44 

Voting  machines  authorized 

Election  Precincts: 

....     79 

Compensation  : 

Of  election  officers 

....     29 

Change,  division,  etc 

Electors  of   President   aed  V 
President: 

Election,  certificates,  returns,  meet 
etc  

....     21 

Congress: 

Apportionment  for 

Election  of  representatives 

....     67 
....     16 

ICE 

ng, 

....     IS 

Constables: 

Eligibility: 

Appointment     by     county    board 
judges 

or 
....     26 

Constitutional  provisions  concerning..    11 

Compensation 

....     30 

General  Assembly: 

Election  of 

10 

Special 

....     26 

Election  of  members 

.8,11,17 

Suppressing  riots,  arrests 

....     26 

Governor: 

Contests:                           , 

Election ,  term ,  residence,  duties,  etc 

....9,16 

Nominations,  how  decided 

....     34 

Issues  certificates  of  election 

...15,53 

Who  may  contest,  notices,  etc  — 

....     54 

Present  during  canvass  of  returns. . 

....     53 

Who  may  hear  and  determine 

....     31 

Proclamation  of,  concerning   result  of 

canvass 

....     53 

Convicts: 

Disqualified  to  vce 

43 

Governor,  Lieutenant: 
Election,  term,  residence,  duties... 

....9,16 

Coroner: 

Election ,  term,  etc 

....     19 

Instructions  to  Voters: 

Election  officers  to  print  and  post. 

....     40 

Courts: 

Appellate- 

Judges: 

Apportionment  

76 

General    provisions    concerning   elec 

Election  of  clerk,  term,  etc 

18 

tion  of 

...12,17 

Circuit- 

Of  Circuit  Courts— 

Apportionment,  election  of  judges..  10, 77 

Election,  term,   etc 

10,17.77 

Clerks— election,  term,  etc 

10,13,18 

Of  Citv  Courts- 

Cook  county  one  circuit 

10 

Election,  term,   etc 

Of  County  Courts- 

18 

Judges— election,  term,  etc 

10,12,17 

City- 

Election  ,  term ,   etc 

...12,18 

Clerks— election,  term,  etc 

....13,19 

Of  Elections- 
Appointment,  qualifications,   etc 

Judges— election,  term,  etc 

....12,18 

....     22 

Countv— 

Blank  form  of  receipts  for  ballots 

....   201 

Clerks— election,  term,  etc 

....13,18 

Compensation  

....     29 

Judges— election,  term,  etc 

....12,17 

Offenses  and   penalties 

....     61 

Criminal,  Cook  County- 

To  allow  challengers 

....     52 

Clerk— election,  term,  etc 

Probate — 

11  18 

....     41 

To  post  specimen  ballots,  etc 

....     40 

Clerk— election,  term,  etc 

19 

Of  Probate  Courts- 

'  Judges— election,  term,  etc 

....12,18 

Election,  term,    etc 

....     18 

Superior- 

Of  Superior  Courts- 

Clerk— election,  term,  etc 

Judges— election,  term,  etc 

11  18 

10 

10,12,17 

Election,  term,   etc 

10,12,17 

205 


Index,  General  Elections — Continued. 


Judges— Coucluded.  Page. 

Of  Supreme  Court- 
Election  ,  term,  etc 10, 12 .17 

Justice: 
Chief,  Supreme  Court,  election,  term 9 

Justices  and  Constables: 
Election,  term,  jurisdiction,  etc 10,20 

Liquor: 
Offenses  and  penalties  regarding- 58 

Members  of  Congress: 

A  pportionment 67 

Election,  term,  etc 16 

Minority  Representation: 
Constitutional  provisions  concerning..      8 

Municipal  Officers: 
Eligibility , salary,  etc 13 

Nominations: 

Blank  forms  for  certificates  of 195 

Caucus  nominations,  requisites 30,31 

Contested,  how  decided 34 

Nomination  papers, signatures,  etc.. .31, 200 

Publication  of  lists  of 40 

Secretary  of  State  to  certify 35 

To  rill  vacancy 35 

Notices: 

Manner  of  giving  election  notices 35 

Secretary    of  State  to  certify  nomina- 
tions      35 

Oaths: 

Of  challenged  voter  and  witness 42 

Of  judges  and  clerks  of  election 25 

Offenses  and  Penalties: 

By  election  officers 61 

By  other  persons 58 

Officers: 

Countv— 
Election,  terms,  etc 13, 19 

Election- 
Appointment,  qualifications 22 

Compensation  of 29 

To  post  specimen  ballots 40 

Municipal- 
Eligibility,  salary,  etc 13 

Public- 
Eligibility  to  office 11 

Offenses  and  penalties 63 

State- 
Blank  certificate  of  nomination  for 195 

Election,  term,  residence,  duties 9,16 

Returns  of  election  9,53 

Poll  Books: 

County  clerk  to  provide • 41 

How  kept 45 

To  be  filed  with  tally  lists 51 

Poll  Lists: 

Manner  of  making  and  revising 26,27 

Where  filed 28 


Polls:  Page. 

Electioneering  at,  prohibited 61 

No  adjournment  or  recess 45 

Time  kept  open 44 

Precincts,   Election: 

Change  of,  division,  etc 21 

Polling  places  at  Soldiers'  Home 21 

Primaries: 
See  "Primary  Elections, "  index 207 

Proclamations  : 
On  opening  and  closing  polls 44 

Publication: 

Of  ballot 39,40 

Of  lists 40 

Of  propositions  to  be  voted  for 38, 78 

Qualifications  : 

Of  clerks  of  elections 25 

Of  electors  14,41 

Of  inmates  of  charitable  institutions 42 

Of  judges  of  elections 23 

Of  public  officers 12, 14 

Of  witness 43 

Of  women 43 

Questions  of  Public  Policy: 
Submission  to  electors 78 

Recorder  of  Deeds: 
Election,  term,  etc 14, 20 

Register: 

Blanks  furnished  by  Secretary  of  State.  29 

Checking  list  of  voters 45 

Corrections,  revisions 28 

Exceptions  in  making 29 

Filing,  delivery,  voting  by,  etc 28 

Manner  of  making 26 

Open  to  inspection 29 

Women  may  register 43 

Registration: 
Board  of— 

Compensation 30 

Meetings,  register,   etc 26,27 

Offenses  and  penalties 63 

Exceptions  in  making  register 29 

Fraudulent— false  swearing,  etc 58 

Representatives  in  Congress: 

Apportionment  for 67 

Election,  term,  etc 16 

Representatives,  State: 

Apportionment 69 

Cumulative  vote  for 39,47 

Election,  term,  number 8,17 

Resignations  and  Vacancies: 

Constitutional  provisions 13 

Resignations,  how  made 63 

Vacancies,  how  declared  and  filled 63 

Who  may  determine  vacancies 64 

Returns  of  Election: 
Electors  of  President  and   Vice    Presi- 
dent     15 


206 


Index,  General  Elections — Concluded. 


Page. 
Returns  of  Election— Concluded. 
How  made  to  county  clerk,   form  and 

canvass 51 

How  made  for  State  officers 9,51,53, 

Secretary  of  State: 

Election,  term, residence,  duties.. 9,16 

To  canvass  returns 53 

To  decide  by  lot  in  case  of  tie 53 

Senators,  State: 

Apportionment  for 8,69 

Election,  term,  number 8,17 

Sheriff: 

Election,  term,  etc 13,19 

To  post  notices  of  election 36 

State's  Attorney: 
Election,  term,  etc 10.19 

Suffrage: 
Constitutional  provisions 14 

Superintendent,  County: 
Election,  term,  etc 11,19 

Superintendent  of  Public  Instruc- 
tion : 

Election,  term,  residence,  duties 9,16 

Supervisor: 

Refusal  or  neglect  of  duty 63 

To  post  notices  of  election 36 

Surveyor: 
Election,  term ,  etc  19 


Tally  Lists:  Page. 

How  made  48,49 

Where  filed 51 

Tie  Vote: 

Duty  of  county  clerk  in  case  of 53 

Duty  of  Secretary  of  State  in  case  of 53 

Treasurer.  County: 
Election,  term,  etc 13.19 

Treasurer, State; 
Election,  term,  residence,  duties.... 9, 12, 16 

Trustees  of    University  of  Illi- 
nois: 
Election,  term,  etc 16 

Vacancies: 
See  "Resignations  and  Vacancies." 13, 63 

Voters: 

Assistance,  when  and  how  given 46 

Cumulative  votes,  how  voted 39,47 

Entitled  to  two  hours;  to  give  notice. ..    44 

Inmates  of  charitable  institutions 42 

Instructions  to.  printed  cards,  etc 40 

Manner  of  voting 45 

Offenses  and  penalties 58 

Privileged   from    arrest    and    military 

duty 14 

Qualifications  and  other  provisions..  ..14,41 

Voting  Machines: 
Use  authorized 79 

Witness; 

Affidavit  of 43 

Offenses  and  penalties 58 

Women: 
May  vote  for  school  officers;  must  reg- 
ister      43 


207 


PRIMARY  LAW  OF  1905. 


As  Applicable  to  all  Counties  Outside  op  Cook. 


Affidavit: 
Of  challenged  voter. 
Of  witness 

Ballot  Boxes: 

How  kept 

What  used 


Page. 

....     97 


Conventions: 


Page. 

IOo 


97 


9S 
95 
100 


Ballots: 

Canvass  of 

Form  of — 

How  marked 

How  printed. .-.••••li' 

Stringing  and  sealing  ot. 


Booths:                                                      99 
Whatused "  I 

Candidates: 

Contests  regulated . . . •     gi  i 

Declaration,  petition,  fee A'lZ'"    'ini 

Must  comply  with  provisions  of  act Kg 

Names  on  ballot •  • j™   10'7 

Nominations,  how  made 110 

Vacancies,  how  filled 89 

What  nominated 


Congressional qq  103 

Countv. 'no 

No  voting  by  proxy ,• 10- 

Senatorial jon 

State  

Credentials: 
Form  prescribed 


Canvass  of  Ballots: 
How  made 


99 


Canvass  of  Returns: 
How  made 


Certificates: 
Issued  by  judges iui,  iu- 


Challengers: 
How  chosen.. 


92 


Delegates: 
How  chosen-full  vote. . . . 

No  voting  by  proxy.. 

Release  from  instructions. 


106 
110 
107 


Elections: 

Booths,  how  furnished ^ 

Notices no 

Special 1 04 

Tabulation  of  returns.  * 

When  and  where  held QT 

Who  may  vote  at 


Clerks: 

City—  ,  104 

Canvass  of  returns  by ...... ;; *"* 

To  announce  color  of  ballots w> 

To  furnish  paper  at  cost J» 

To  furnish  supplies 

County—  .  104 

Canvass  of  returns  by ... . . . . .  . A«* 

To  announce  color  of  ballots *? 

To  furnish  paperatcost "' 

To  furnish  supplies 


Committeemen: 
Election,  term,  etc. 

Committees: 


101 


Forms: 

Affidavit  of  voter  and  witness 

Ballot 

Credentials.... ••:••; o±   95 

Declaration  of  candidates  »*.  Q, 

Poll  books  and  tally  sheets 


96 
102 


98 


104       Governor 


Declaration,  petition  and  fee •  ••  -     • 

.  =  __i: — „    now  made iUO 


Nominations, 


107 


Judges:  Q2 

Duties  of • 104 

Manner  of  making  returns ■•  ^ 

Oath,  form  of,  etc u  •  92 

Payment  of qj 

To  fi  11  vacancies    m    lO'l 

To  issue  certificates 1U1-    91 

Who  to  act  act  as 

Nominations: 

By  majority  or  plurality  vote g 

By  petitions  authorized iofi  107 

How  made  by  convention H»,  1^ 

What  candidates  nominated 


Notices: 
Of  committee  meetings. 
Of  election 


Action  before  primary 110 

Vacancies  rilled  by 11U 


Oath: 
Of  judges,  form,  etc. 


.91,  92 


208 


Index — Primary  Law  of  1905 — Continued. 


Offenses  and  Penalties: 

Duty  of  grand  jury 

Violations  enumerated 

Petition: 
Nominations  by 

Page. 

110 

...107-110 

89 

Returns  of  Election: 
How  made 

Secretary  of  State: 
Returns  tabulated  by 

State  Senators: 
Declaration,  petition  and  fee... 

Page. 
104 

104 

uf  candidates 

91-95 

110 

.     89 

95 

Political  Party: 
Committees  to  fill  vacancies. . . 

Nomination  of  candidates 

Tally  Sheet: 

Form  of 

How  certified 

107 

Poll  Books: 

93 

93 

..  100 

Form  of  register 

Terms  Defined: 

Furnished  bv  clerks 

93 

Statement  of  votes 

100 

89 

99 

Primary  precinct 

89 

Polls: 

United  States  Senator: 
Declaration,  petition  and  fee 

Opening  and  closing  of 

97 

89 

94 

Precinct: 
Term  defined 

Vacancies: 
Committee  to  fill 

95 

.. ..106,110 

Representative  in  Congress: 

Judges  to  fill 

Voters: 

Manner  of  voting 

Qualification  of 

Witness  : 
Affidavit  of 

91 

Nomination,  how  made 

Representative   in  General 
bly: 
Declaration,  petition  and  fee 

ASSEM- 
95 

97,98 

97 

107 

97 

As  Applicable  to  Cook  County  Only. 


aldermen: 

Page. 

Delegates: 

Page. 

Declaration,  petition  and  fee 

120 

Qualification  of 

119 

Nomination  of 

121 

• 

Elections  : 

Ballot  Boxes: 

Booths,  how  furnished 

.    ..   121 

How  kept 

124 

Expenses,  how  defrayed 

118 

General  laws  apply 

117 

Ballots: 

Iiregularities  no  defense 

135 

Canvass  of 

Manner  of  marking 

Manner  of  voting 

127 

121 

122 

Notices  of  

When  held 

Who  may  hold, call,  etc 

114 

112 

112 

Booths: 

Forms: 

How  furnished 

121 

....119,120 

Oath  of  judges  and  clerks 

Poll  book 

Statement  of  votes 

116 

Candidates. 

125 

.'. 129 

Ce  rtificate  of  election 

130 

Compliance  with  act  required. . . 

121 

General  Assembly: 

Declaration. fee  and  petition  — 

Names  on  ballot 

Nominations, how  made 

119 

Declaration, petition  and  fee 

120 

121 

Nomination  of  candidates 

121 

Vacancies  how  filled 

131 

Governor: 

What  nominated 

Ill 

Declaration,  petition  and  fee... 

119 

Canvass  of  Ballots: 

Nomination  of 

121 

How  made 

....127,  128 

No  adjournment  or  recess 

129 

Householder: 
Term  defined 

135 

Challengers: 

How  chosen 

127 

Judges  and  Clerks: 

Appointment,  oath 

115 

Conventions: 

Certificates  of  election 

130 

Call  for                               

112 

Duties  of 

Oaths  administered  by 

126 

Definition  of— where  held 

Ill 

127 

When  held 

131 

Offenses  and  penalties  

....131,136 

209 


Index — Primary  Law  of  1905 — Concluded — Primary  Elections. 


Judges  and  Clerks—  Concluded.       Page. 

Payment  of 119 

Powers  of  judges 127 

Statement  of  result 129 

Mayor: 
Declaration,  petition  and  lee 120-121 

Notices: 

Of  calls  for  conventions 112 

Of  elections 114 


Oaths: 

Administered  by  judges 127 

Of  judges  and  clerks 116 

Offenses  and  Penalties  : 
Violations  enumerated 131-136 

Policemen: 
Admitted  at  polls 127 

Poll  Books: 
Form  of 125 


Polls:                                                    Page. 
Opening  and  closing  of 124 

Precincts: 
How  constituted 114 

Representative  in  Congress: 

Declaration,  petition  and  fee 120 

Nomination  of 121 

Representative  in  General  Assembly 

Declaration,  petition  and  fee 120 

Nomination  of 121 

United  States  Senator: 

Declaration,  petition  and  fee 119,120 

Nomination  of 121 

Vacancies; 
Special  elections  to  fill 131 

Voter: 

Manner  of  voting 121,122 

Offenses  and  penalties 131-136 

Qualification  of 119 


Primary  Elections  of  Voluntary  Associations. 


Adoption: 
When  and  how  held  under  this  act 155 

Ballot  Boxes: 
How  kept 160 

Ballots: 

How  printed  . .  „ 160 

Destruction  of 162 

Canvass  of  Votes: 
How  made 161 

Certificates  of  Election: 
Issued  by  judges 162 

Challengers: 
One  for  each  adverse  interest 157 

Clerks: 
See  "Judges  and  Clerks." 

Commissioners: 
To  furnish  lists 156 

Committee: 

To  divide  district 157 

To  give  time  and  place  of  election 155 


Judges  and  Clerks: 

Conduct  canvass 161 

Oaths, duties, offenses, penalties  .156,160,161 
To  hear  objections,  administer  oaths.. .  157 

To  issue  certificates  of  election 162 

To  keep  lists,  admit  challengers 157 

To  sign  lists 161,162 

Lists: 

Form  of 160 

How  made 156,161 

To  be  filed  with  the  county  clerk 156 

Notices: 
What  to  contain,  how  made 156 

Oaths  : 
Administration  of 156,160 

Offenses  and  Penalties: 
By  voters, officers  and  other  pers  ns  . .. 

156. 157. 159, 162 

Polls  : 
Opening  and  closing  by  proclamation  .  161 
Time  and  place  of  holding 155 

Voters: 
Fraudulent  voting— bribery— penalties  . 

156,159,162 

Number  in  district 157 

Penalty  for  illegal  voti  ng 156 ,  159 

Registered— challenge— penalty 157 

Who  may  vote 156, 157,162 


14  E  L 


210 


lm lex — Pi 'im ary  E lections — Continued . 


Primary  Elections  in  Counties  of  Less  Than  125,000. 


Adoption: 
Expenses,  how  paid. 


How  adopted,  where  in  force 
Laws  in  force 


Page. 

...  166 
1(53, 167 
....   165 


Ballot  Boxes: 

How  kept 164 

Must  be  kept  in  view  of  public 166 

Ballots: 

How  furnished 164 

How  marked 164 

How  printed 164 

Receipts  for ' 164 

Bribery: 

Penalty  for r 166 


Call: 
How  made 164 

Canvass  of  Votes: 

How  made,  returns 166 

Penalty  for  refusing   or    neglecting  to 

make 166 


Certificates  of  Election 
J  udges  and  clerks  to  issue 


166 


Clerks: 
See  '  'Judges  and  Clerks." 

Committee.  Executive: 
Appoinmtent  of  judges  and  clerks 163 

Delegates  : 

Eligibility,  alternates,  vacancies 165 

Vacancies,  how  filled  166 


Districts:                                           Page. 
Establishment  of 163 

Judges  and  Clerks: 

Absent  at  opening  of  polls 165 

Appointment  and  qualification 163 

Compensation 166 

Penalty  for  failure  to  account  for  ballots  165 
Power  to  take  oaths,  keep  peace,  etc 166 

Notices: 
How  given, contents  of 164 

Oaths  : 
Judges  to  administer 166 

Offenses  and  Penalties: 

Briberv 166 

Illegal  voting  166 

J  udges  and  clerks  163 

Liquor  prohibited 163 

R  ef using  or  neglecting  to  canvass 166 

Parties: 
Parties  entitled,  conditions 163 


Penalties: 
See  "Offenses  and  Penalties." 

Polls  : 

How  furnished 164 

Liquor  prohibited ...."" 163 

Location  of 163 

Time  for  opening  and  closing 165 

Returns: 
How  made 166 

Voters: 

Illegal  voting,  penalty  for 165 

Qualifications  of 165 


Primary  Elections  in  Counties  of  125,000  or  Over. 


Adoptipn: 

Certificates  of  Election:     . 

How  adopted,  where  in  force 

Laws  in  force,  expenses,  how  paid 

.168,192 
.175,176 

....  185 

Obtaining  false  certificates 

....  190 

Ballot  Boxes: 

Must  be  in  view  of  public 

Penalty  for  carrying  away 

...•    179 
....  187 

Challengers: 
Number  and  privileges 

Clerks: 

....  182 

Ballots  : 

See  '  'Judges  and  Clerks." 

Canvass  of 

V  oting  to  be  by— form  of 

....  182 
....  177 

Committee,  Central: 
Appointment  of  judges  and  clerks. 

....  172 
. 169, 171 

How  made,  filing,  etc 

.169,171 

Contests  : 

Canvass  of  Votes: 

Officers  to  produce  matters  in  evidence  190 

How  made,  returns 

Penalties  in  making  false  canvass.. 
Refusing  or  neglecting  to  make . . . 

....  182 
....  186 
....  186 

Conventions: 
The  several  conventions  defined. . 

....  168 

211 


Index — Primary  Elections — Concluded . 


Convicts: 
Penalty  for  voting 188 

Delegates: 
Eligibility,  alternates,  vacancies 177 

Districts: 
What  constitutes 172 

Householder: 
Term  defined 190 

Judges  and  Clerks: 

Altering  or  making  false  lists. 186 

Appointment,  qualifications 173, 174 

Changing  or  substituting  ballots 187 

Compensation  of 176 

Disobeying  command  of 188 

Duty   concerning  poll  books,   ballots, 

voters  and  challengers . .  172, 173, 175, 182 

Not  to  absent  themselves 173, 178,186 

Power  to  take  oaths,  keep  peace,  etc 182 

Refusing  or  giving  false  certificates 18(> 

Refusing  or  neglecting  canvass 186 

To  admit,  policemen 182 

To  cast  lots  in  case  of  tie 185 

To  issue  certificates 185 

Vacancies,  removals,  penalties 173,178 

Lists  : 

Form  of 180, 184 

Penalty  for  altering,  concealing,  etc.. .  187 

Notices: 

How  given— what  to  contain 171 

Irregularities  no  defense. 190 

Judicial  no+ice  to  be  taken 190 

Oaths: 
Duty  of  judges— challenges  and  affida- 
vits preserved 173,175 


Offenses  and  Penalties  : 

Ballots,  altering,   removing,  etc 187 

Bribery— assaults— threats 189, 190 

Convicts  voting— penalty 188 

Destroying  ballot  box,  poll  list,  etc 187 

Disorderly  conduct 188 

Illegal  voting— penalty 188 

J udges  and  clerks  absent 173, 178, 186 

Liquor  prohibited 188 

Making  false  lists— excluding  voters 186 

Obtaining  false  certificates 190 

Perjury 185 

Sundry  acts  of  voters 188 

Wilful    neglect   and   corrupt   practices 

of  officers 187 

Parties: 

Names  restricted 171 

Parties  entitled,  conditions 169 

Penalties  : 
See  '  'Offenses  and  Penalties." 

Policemen: 
Admitted  to  polls 182 

Poll  Books: 
Form  of 180 

Polls  : 

How  furnished 175 

Liquor  prohibited 188 

Location  of 172 

Opening  and  closing  of 178 

Returns  : 
How  made— forms  for 180,184 

Voters: 

Convicts  disqualified 188 

Illegal  voting— penalty 188 

Perjury— penalty 185 

Qualifications  of 176 

Sundry  acts  declared  felonies 187, 188 

Waiting  in  line  of 188 


THIS  BOOK  IS  DUE  ON  THE  LAST  DATE 
STAMPED  BELOW 

AN  INITIAL  FINE  OF  25  CENTS 

WILL   BE   ASSESSED    FOR    FAILURE   TO    RETURN 
THIS    BOOK   ON    THE    DATE    DUE.    THE   PENALTY 
WILL  INCREASE  TO  50  CENTS  ON  THE  FOURTH 
DAY     AND     TO     $1.00     ON     THE    SEVENTH     DAY 
OVERDUE. 

JUL  27  1934 

LD  21-100m-7,'33 

